Terms of Service for SweatTally

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the SweatTally application (the "App") and related services (collectively, the "Services") operated by SweatTally ("we", "our", "us").

By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms
2. By creating an account, downloading the App, or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
3. Description of Services
4. SweatTally is a fitness tracking application that provides the following core features:

• Workout Logging: Record and track your exercise routines, including exercise type, duration, sets, reps, and weight
• Body Measurement Tracking: Log and monitor your weight, body fat percentage, and body circumference over time
• Dietary Logging: Record your daily food intake and monitor nutritional information
• Workout Plans: Create, import, and follow customized workout plans and templates
• Progress Analytics: View historical data trends, statistics, and visual charts of your fitness journey
• Wearable Integration: Connect with compatible smartwatches and fitness trackers for synchronized data recording
• We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

1. User Accounts

3.1 Account Creation

To access certain features of the App, you must create an account. You can register using:

• Phone number
• Apple ID
• WeChat or QQ login (where available)
• You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to:

• Not share your account password or allow others to access your account
• Notify us immediately of any unauthorized use of your account
• Log out of your account after each session
• We are not liable for any loss or damage arising from your failure to protect your account information.

3.3 Account Termination

You may delete your account at any time through the App settings. Upon account deletion, your personal data will be deleted from our systems, except as required by law.

We reserve the right to suspend or terminate your account if we suspect fraudulent or abusive activity, or if you violate these Terms.

1. User Conduct
2. You agree to use the App and Services only for lawful purposes and in a manner that does not infringe the rights of others. You agree not to:

• Use the Services for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any part of the Services
• Transmit any viruses, malware, or other harmful code
• Interfere with or disrupt the operation of the Services
• Harass, threaten, or abuse other users
• Impersonate any person or entity
• Upload or share content that is defamatory, obscene, or otherwise objectionable
• Violation of these rules may result in termination of your account without notice.

1. Health Disclaimer
2. Important Health and Safety Warnings:

• Consult a Physician: Before beginning any new exercise program or making significant changes to your diet, consult with a qualified healthcare professional. The information provided by SweatTally is for informational purposes only and is not a substitute for professional medical advice.
• Listen to Your Body: Do not push yourself beyond your physical limits. Stop exercising immediately if you experience dizziness, shortness of breath, chest pain, or any other unusual symptoms.
• Accuracy of Data: The fitness and health data displayed in SweatTally is based on your inputs and device sensors. While we strive for accuracy, we cannot guarantee the precision of any measurements or calculations.
• Not a Medical Device: SweatTally is not a medical device and should not be used for diagnostic or treatment purposes.
• Personal Responsibility: You are solely responsible for your health and safety while using SweatTally. We are not liable for any injury, illness, or health complication that may arise from using our Services.
• By using SweatTally, you acknowledge that you understand these risks and agree to assume full responsibility for your health and safety.

1. Intellectual Property

6.1 Our Content

The App and its original content, features, and functionality are owned by SweatTally and are protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute any part of the App without our prior written consent
• Reverse engineer, decompile, or disassemble the App
• Use our trademarks or branding without permission

6.2 Your Content

You retain all rights to the data you input into the App, including your workout records, body measurements, and dietary logs. By using our Services, you grant us a limited license to store, process, and display your content solely for the purpose of providing our Services to you.

We do not claim ownership of your content, and we will not sell or share your content with third parties except as described in our Privacy Policy.

1. Privacy
2. Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using our Services, you agree to the collection and use of your information in accordance with our Privacy Policy.
3. Please review our Privacy Policy carefully:

• Privacy Policy for SweatTally

1. Third-Party Services
2. Our App may integrate with third-party services, including:

• Apple HealthKit
• Google Fit
• WeChat and QQ login
• Firebase (analytics and crash reporting)
• Wearable device SDKs (Huawei, OPPO, vivo, Xiaomi, Garmin, etc.)
• Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices of these third-party providers.
• By using these integrations, you authorize us to share data with these services as necessary to provide the requested features. You may disable these integrations at any time through the App settings.

1. Fees and Payments
2. Free Services: Basic features of SweatTally are offered free of charge.
3. Paid Services: We may offer premium features or subscription plans in the future. If you choose to purchase premium services, you agree to pay all applicable fees. Payment processing is handled by our authorized partners (e.g., Apple App Store, Google Play Store). We do not store your payment information.
4. Refund Policy: All payments are processed through the app store (Apple App Store or Google Play Store), and refunds are subject to their respective refund policies.
5. We reserve the right to change pricing at any time with reasonable notice.
6. Disclaimer of Warranties
7. OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION
• UNINTERRUPTED OR ERROR-FREE OPERATION
• SECURITY OF YOUR DATA (EXCEPT AS EXPLICITLY STATED IN OUR PRIVACY POLICY)
• WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE RESULTS FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE.

1. Limitation of Liability
2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWEATTALLY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, OR GOODWILL
• PERSONAL INJURY OR PROPERTY DAMAGE
• UNAUTHORIZED ACCESS TO OR USE OF YOUR DATA
• ANY ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES
• IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST 12 MONTHS (IF ANY) OR $50, WHICHEVER IS GREATER.
• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

1. Indemnification
2. You agree to indemnify and hold SweatTally and its affiliates, officers, employees, and agents harmless from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your violation of applicable laws or regulations

1. Disclaimer Regarding Fitness Results
2. We make no guarantees regarding the results you may achieve from using SweatTally. Individual results vary based on factors beyond our control, including but not limited to:

• Individual physical condition and genetics
• Consistency and effort in training
• Diet and lifestyle factors
• Adherence to workout plans
• Any testimonials or success stories shared within the App are not guarantees of similar results.

1. Updates to the App and Services
2. We may periodically update the App and Services to add new features, fix bugs, or improve performance. These updates may occur automatically or require manual installation.
3. We reserve the right to change or discontinue any feature of the Services at any time, with or without notice. Continued use of the Services after such changes constitutes acceptance of the updated Services.
4. Governing Law and Dispute Resolution
5. These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law provisions.
6. Dispute Resolution: Any dispute arising out of or relating to these Terms or the Services shall first be resolved through friendly negotiation. If negotiation fails, the dispute shall be submitted to the competent courts located in Guangzhou, China for resolution.
7. By using our Services, you consent to the exclusive jurisdiction of the courts in Guangzhou, China.
8. Severability
9. If any provision of these Terms is found to be invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a provision that most closely reflects the original intent, to the extent permitted by law.
10. Waiver
11. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of SweatTally.
12. Assignment
13. You may not assign or transfer these Terms or any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms to any affiliate or successor entity without restriction.
14. Entire Agreement
15. These Terms, together with our Privacy Policy, constitute the entire agreement between you and SweatTally regarding your use of the Services and supersede all prior agreements and understandings, whether written or oral.
16. Contact Us
17. If you have any questions about these Terms of Service, please contact us:
18. Email: sulencia@aisbusinessmexico.com