Terms of Service

These Terms of Service (“Terms”) govern access to and use of the FactoryFit software platform, including the trainer dashboard and the client portal (together, the “Service”), provided by FactoryFit LLC (“FactoryFit,” “we,” “us,” or “our”). “You” refers to any person who creates or uses an account on the Service, whether as a Trainer or as a Client (each defined below), together “Users.”

By creating an account, accepting an invitation to a client portal, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not access or use the Service.

If you are creating a Trainer account on behalf of a business, you represent that you have the authority to bind that business to these Terms, and “you” will refer to that business as well as to you individually.

1. Introduction / Agreement to Terms

The Service has two types of Users:

• Trainers — independent personal trainers, coaches, and fitness professionals who create a professional account, subscribe to a paid or beta plan, and use the Service to manage their own clients and coaching business.
• Clients — individuals invited by a Trainer to access a client portal in connection with that Trainer’s coaching services.

These Terms apply to both Trainers and Clients, with certain sections applying only to one or the other as indicated. A Client does not purchase, and is not billed for, a FactoryFit subscription — that relationship exists only between FactoryFit and the Trainer (see Section 13).

2. Eligibility and Account Requirements

• You must be 18 years of age or older to create a Trainer account or to access a Client portal account. The Service is not directed to, and is not currently designed for, use by minors, and we do not knowingly permit minors to use it.
• The Service is currently intended for Users located in the United States. FactoryFit does not represent that the Service complies with the laws of any other country, and does not currently offer terms tailored to any jurisdiction outside the United States. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with any laws applicable to you.
• You must provide accurate, current, and complete information when creating and maintaining your account, and promptly update it if it changes.
• A Trainer who invites a Client to the client portal is responsible for confirming that the Client meets the age requirement above before extending access, and for the accuracy of the contact information provided for that Client.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Accounts are personal to the individual (or, for a Trainer’s business, to that business) and may not be shared except as necessary to permit an individual authorized to act on that account’s behalf.
• We may decline to create, or may suspend, an account that does not meet these eligibility requirements.

3. Description of the FactoryFit Service

FactoryFit is a software-as-a-service platform that helps independent fitness trainers and coaches run their coaching business: managing client relationships, building training programmes, generating nutrition guidance, tracking check-ins and progress, communicating with clients, and using AI-assisted drafting tools as part of the Trainer’s own coaching workflow.

FactoryFit provides software tools and technical infrastructure. FactoryFit does not itself provide personal training, coaching, nutrition counseling, medical advice, or any other professional service. Any professional service a Client receives is provided by their Trainer, not by FactoryFit (see Section 4).

The Service may be modified, expanded, or discontinued in whole or in part as described in Section 22, and may include features that are labeled beta or pre-release, described in Section 15.

4. Trainers and Clients / Professional Relationship

The professional coaching relationship between a Trainer and their Client — including the scope of services, fees, and any professional obligations — is a private arrangement between the Trainer and the Client. FactoryFit is not a party to that relationship.

FactoryFit:

• Does not employ, supervise, certify, license, endorse, or vouch for the competency, credentials, or professional conduct of any Trainer;
• Is not responsible for the accuracy of any programme, plan, message, or advice a Trainer provides to a Client, whether or not generated with the help of FactoryFit’s AI-assisted features;
• Is not a party to, and assumes no responsibility for, any agreement, representation, or dispute between a Trainer and their Client, except to the extent required by applicable law.

Each Trainer is solely responsible for:

• Holding any certification, license, or qualification required by applicable law to provide their services;
• Operating within their own professional scope of practice;
• Setting and collecting their own fees directly with their Clients (Section 13 governs only the Trainer’s subscription to FactoryFit, not any Trainer-Client payment); and
• Complying with all laws applicable to their coaching practice, including in the jurisdictions where their Clients are located.

Clients acknowledge that FactoryFit is not their personal trainer, dietitian, nutritionist, physician, or healthcare provider, and that any professional guidance they receive through the Service comes from their Trainer, not from FactoryFit.

5. AI-Assisted Features

The Service includes AI-assisted features that a Trainer may use to help draft training programmes, nutrition/meal-plan guidance, progress-photo comparison notes, check-in summaries, and client messages, using third-party artificial intelligence technology.

• AI-generated output is a draft produced from the information provided to it. It may be inaccurate, incomplete, outdated, inappropriate for a particular Client, or otherwise unsuitable, and does not account for information that was not provided to it.
• AI-generated output does not constitute advice from FactoryFit, and is not professional, medical, nutritional, or fitness advice from FactoryFit. FactoryFit does not review individual AI outputs before a Trainer sees them.
• The Trainer is solely responsible for reviewing AI-generated content and exercising independent professional judgment before relying on it or sharing it with a Client. AI does not make autonomous professional decisions on a Trainer’s behalf, and is not represented as a substitute for the Trainer’s own judgment.
• Before publishing an AI-generated training programme to a Client, the Trainer will be asked to confirm: “I have reviewed this programme and confirm it is appropriate for this client.” This confirmation is a representation the Trainer makes to FactoryFit that they have reviewed the content; it does not transfer responsibility for the programme’s appropriateness to FactoryFit, and it is not itself a guarantee to the Client.
• Meal plans and nutrition guidance require the Trainer to explicitly publish them before a Client can view them; the Trainer is solely responsible for reviewing that content before publishing.
• AI-assisted photo comparison analysis is prepared as a private draft for the Trainer’s own review and is not visible to the Client unless and until the Trainer chooses to share it.

6. Fitness and Exercise Disclaimer

Training programmes, exercises, coaching cues, and related content available through the Service are provided for general fitness and exercise purposes only. They are not medical advice, a medical diagnosis, treatment, rehabilitation, or physical therapy, and are not intended to diagnose, treat, cure, or prevent any injury or medical condition.

The Trainer is solely responsible for determining whether a given programme, exercise, or modification is appropriate for a particular Client, taking into account any injuries, limitations, or health information the Client has disclosed.

Clients should consult a qualified healthcare professional before beginning any new exercise programme, particularly if they have a pre-existing injury, medical condition, or other health concern, and should stop exercising and seek appropriate medical attention if they experience pain, dizziness, shortness of breath, or other concerning symptoms. Physical exercise carries an inherent risk of injury; by using the Service to access or perform a training programme, Clients accept that risk.

7. Nutrition and Wellness Disclaimer

Nutrition-related features of the Service — including AI-assisted meal plans, calorie and macro targets, and related guidance — are intended for general nutrition and wellness purposes only. They do not constitute Medical Nutrition Therapy and are not a substitute for personalized advice from a registered dietitian, physician, or other licensed healthcare professional. Nutrition content available through the Service is not intended to diagnose, treat, prevent, or cure any disease or medical condition.

FactoryFit does not verify a Trainer’s nutrition-related credentials, licensure, or scope of practice. FactoryFit does not represent, and no Trainer should represent to a Client, that the Trainer is a registered dietitian, licensed nutrition professional, or otherwise credentialed to provide medical nutrition advice, unless that is independently true and the Trainer discloses it accurately. Each Trainer is solely responsible for operating within their own qualifications, professional scope of practice, and applicable local, state, and other law when offering nutrition-related guidance.

Clients with a medical condition, food allergy, eating disorder history, or other relevant health concern should consult a qualified healthcare professional before making dietary changes based on content provided through the Service.

8. Health Information and Emergency Disclaimer

Using the Service may involve providing fitness, nutrition, injury, other health-context, and photo information — to your Trainer directly, and to FactoryFit’s systems in order to enable programme generation, nutrition guidance, progress tracking, and related functionality. What FactoryFit collects, how it is used, and how it is disclosed (including to service providers such as our AI provider) is described in our Privacy Policy.

FactoryFit is not an emergency service and is not designed, staffed, or equipped to respond to medical emergencies. If you are experiencing a medical emergency, or believe you may be, call 911 (or your local emergency number) or go to the nearest emergency room immediately. Do not use the Service, your Trainer’s messaging features, or any AI-generated content as a substitute for professional emergency medical care.

9. Client Information and Trainer Responsibilities

A Trainer who enters, collects, or uploads information about a Client — including intake information, injury or health-context notes, dietary information, or photos — is responsible for the accuracy and lawfulness of that information, and for obtaining any consent from the Client that may be required under applicable law before collecting it or providing it to FactoryFit.

By providing a Client’s information to the Service, a Trainer represents that they have a lawful basis, and where required the Client’s consent, to do so and to use FactoryFit’s AI-assisted features in connection with that Client. This Section does not replace any notice or consent that FactoryFit is independently required to provide or obtain under applicable law — where FactoryFit has its own obligation to disclose or obtain consent for particular processing (for example, a Client-facing disclosure before AI processing of a progress photo), that obligation is separate from, and is not satisfied by, a Trainer’s own compliance with this Section.

The Trainer is responsible for reviewing content generated through the Service before it is shared with a Client, and for determining whether that content is appropriate for that specific Client. FactoryFit relies on each Trainer to accurately represent their own qualifications to their Clients; FactoryFit makes no representation regarding any individual Trainer’s competence, credentials, or fitness to provide services.

10. User Content and Data

“Content” means any information, text, images (including progress photos), programmes, plans, notes, messages, or other material submitted, uploaded, or generated through the Service by a User, including AI-assisted output generated at a User’s direction. “Client Data” means information about a Client entered into the Service by a Trainer or by the Client.

You retain ownership of your Content, subject to the license below. By submitting Content, you grant FactoryFit a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, and process that Content solely as necessary to operate, maintain, and provide the Service to you — including sending relevant Content to our AI provider and other service providers described in the Privacy Policy in order to generate the functionality you requested. This license does not include any right for FactoryFit to publicly display, redistribute, or use your Content for third-party marketing or advertising.

A Trainer’s own interactions with the Service — including edits made to AI-generated content, stated preferences, and authored rules — may be used by FactoryFit to personalize and improve that Trainer’s own experience of the Service (for example, so future AI drafts better reflect how that Trainer coaches). This use is scoped to the individual Trainer: FactoryFit does not expose one Trainer’s programming preferences, rules, or methodology to another Trainer. Any broader use of aggregated or de-identified usage data to improve the Service generally will be described separately if and when it is implemented.

Any feedback, suggestions, or ideas you voluntarily provide to FactoryFit about the Service may be used by FactoryFit without restriction or compensation to you.

You are responsible for maintaining your own copies of any Content that is important to you. FactoryFit does not guarantee against loss of Content.

11. Intellectual Property

• FactoryFit’s platform IP. The Service, including its software, user interface and design, the “FactoryFit” name and logo, and the underlying technology, is owned by FactoryFit LLC or its licensors and is protected by applicable intellectual property laws. These Terms grant you only a limited, non-exclusive, non-transferable right to use the Service as intended; no other rights are granted.
• User-provided Content. Governed by Section 10 above — you retain ownership subject to the operational license granted to FactoryFit.
• AI-assisted output. Output generated using FactoryFit’s AI-assisted features is made available for your use in connection with your own coaching practice. The legal ownership status of content generated primarily by an AI system is unsettled under current copyright law. FactoryFit does not claim exclusive ownership of AI-generated output, and does not represent that any User holds exclusive copyright in it either. You are responsible for determining what use of AI-assisted output is appropriate for your purposes.
• Client Data. As between FactoryFit and the Trainer, FactoryFit does not claim ownership of Client Data. The Trainer controls Client Data submitted in connection with the Trainer’s coaching relationship with that Client, subject to the Client’s privacy and other rights under applicable law and the Privacy Policy. This describes the operational relationship between FactoryFit and the Trainer; it is not a determination of either party’s legal classification (for example, as a “controller” or “processor”) with respect to that data, which is addressed separately in the Privacy Policy.
• Feedback. Governed by Section 10 above.

12. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation;
• Infringe the intellectual property, privacy, or other rights of any person;
• Upload or submit Content you do not have the right to submit, including a photo of someone other than yourself or your own Client without appropriate rights or consent;
• Misrepresent your professional credentials, licensure, or qualifications to a Client, or otherwise deceive a Client about the nature of the services being provided;
• Provide services outside your lawful professional scope of practice using the Service;
• Attempt to access another User’s account or data without authorization;
• Interfere with, disrupt, or attempt to circumvent the security of the Service;
• Reverse-engineer the Service, scrape or systematically extract data or AI outputs from it, or use it to build a competing product or service;
• Use the Service in a manner that could endanger the health or safety of any Client; or
• Otherwise use the Service in a way not intended by these Terms.

FactoryFit may investigate suspected violations and take action, including suspension or termination under Section 18.

13. Subscription, Billing, Renewal and Cancellation

FactoryFit offers Trainers subscription plans on a recurring basis (currently monthly). Pricing and plan tier are disclosed before purchase. A Client does not pay FactoryFit for a subscription; any financial arrangement between a Trainer and their Client is separate from, and not part of, the Trainer’s FactoryFit subscription.

By subscribing, you authorize FactoryFit, through our payment processor (Stripe), to charge your payment method on file for the applicable subscription fee at the start of each billing period. Subscriptions renew automatically at the end of each billing period and continue until cancelled.

You may cancel your subscription at any time using the subscription-management tools made available in your account (currently provided through Stripe’s hosted billing portal, accessible from your dashboard). Cancelling stops future renewal charges. Cancellation does not itself entitle you to a refund for the current billing period (see Section 14). Where cancellation is processed through this method, FactoryFit intends that you continue to have access to paid features through the end of the period you have already paid for, rather than losing access immediately; the exact timing depends on how your subscription and payment processor are configured, and this Section does not guarantee a specific cancellation-to-access-loss timeline.

For California residents, and Users in any other state with comparable automatic-renewal requirements: FactoryFit will provide clear disclosure of the automatic-renewal terms before you subscribe, and a cancellation method that is easy to find and use.

Prices, plan tiers, and included features may change on a prospective basis; where required by law, we will provide notice before a change takes effect for your existing subscription. Founding-member or beta-tester pricing or access, where offered, is governed by the specific terms disclosed at the time it is offered and may differ from standard pricing described here.

14. Refunds

Except as required by applicable law, or as FactoryFit may otherwise agree in a specific case, subscription payments are non-refundable, including for a partial billing period, unused features, or a mid-cycle cancellation or downgrade. Nothing in this section limits any refund, cancellation, or other right that cannot be waived under applicable consumer-protection law.

15. Beta / Pre-Release Features

The Service may include features identified as beta, early-access, or otherwise pre-release (“Beta Features”). Beta Features:

• Are provided for evaluation and may contain errors or behave unexpectedly;
• May be changed substantially, interrupted, or discontinued at any time, without notice and without liability to you;
• Are not guaranteed to remain available, in their current form or at all, in the future, even if you currently have access to them.

Do not rely on the Service — including any Beta Feature — for emergencies, or for time-sensitive or safety-critical medical or professional decisions. See Section 8.

16. Third-Party Services

The Service relies on and integrates with third-party providers to operate, including cloud database, authentication, and storage infrastructure; hosting; AI processing; payment processing; and, for certain notification and communication features, email, messaging, and push-notification providers.

Using the Service may involve transmitting certain Content and Client Data to these providers solely as necessary to provide the relevant functionality — for example, sending programme- or nutrition-relevant intake information, or a progress photo, to our AI provider to generate a draft. Additional detail on these transfers is provided in the Privacy Policy.

FactoryFit does not control, and except as required by applicable law is not responsible for, the acts, omissions, availability, security practices, or terms of any third-party provider. FactoryFit does not represent that any AI or other third-party provider will not retain, process, or use submitted data beyond what is disclosed in the Privacy Policy or in FactoryFit’s agreement with that provider.

Certain content embedded in the Service, such as exercise-demonstration videos, is sourced from third parties and is not independently verified or endorsed by FactoryFit for correctness, safety, or suitability for any particular Client.

17. Privacy

Our Privacy Policy, available at [factoryfit.app/privacy], describes what personal information we collect, how we use and disclose it, and the choices available to you, and is incorporated into these Terms by reference.

Using the Service may involve providing personal information to your Trainer and to FactoryFit’s systems and service providers — including contact information, fitness and training data, and, where applicable, nutrition, health-context, injury, and photo information — as necessary to provide the Service.

FactoryFit is not offered as a HIPAA-compliant healthcare service. Users should not assume that use of the Service creates a HIPAA-covered relationship. FactoryFit does not represent that all data is completely secure, or that any AI or other service provider never retains, stores, or trains on submitted data. No method of electronic transmission or storage is completely secure, and FactoryFit cannot guarantee absolute security. For the full description of our data practices, see the Privacy Policy.

18. Account Suspension and Termination

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account, and must notify us promptly of any unauthorized use.

FactoryFit may suspend or terminate your access to the Service, in whole or in part, with or without prior notice, where we reasonably believe it is necessary to address fraud, abuse, a security threat, unlawful use, a violation of these Terms, or a risk to FactoryFit, other Users, or the integrity of the Service.

You may stop using the Service, or cancel your subscription, at any time (Section 13). Upon termination of your account for any reason, your right to access the Service ends; how your Content and Client Data are retained or deleted afterward is described in the Privacy Policy. Provisions of these Terms that by their nature should survive termination — including Sections 10, 11, 14, 17, and 19 through 26 — will survive.

19. Disclaimers of Warranties

THE SERVICE, INCLUDING ALL AI-GENERATED OUTPUT, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.

FactoryFit does not warrant that the Service will be uninterrupted, timely, secure, or error-free; that any AI-generated content will be accurate, complete, current, or appropriate for any particular Client; or that any fitness, health, business, or other outcome will result from use of the Service.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FACTORYFIT AND ITS OFFICERS, EMPLOYEES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF FACTORYFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FACTORYFIT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO FACTORYFIT FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded, including liability for fraud or willful misconduct, or any other liability that California Civil Code § 1668 or other applicable law does not permit to be waived.

21. Indemnification

You agree to indemnify, defend, and hold harmless FactoryFit and its officers, employees, and service providers from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your Content or Client Data; (c) your violation of these Terms; (d) your violation of any applicable law; or (e) for Trainers, your professional services to, agreements with, or representations made to your Clients. FactoryFit may assume exclusive control of the defense of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with that defense.

22. Changes to the Service

FactoryFit may add, modify, or discontinue features of the Service, including Beta Features (Section 15), at any time. We will use reasonable efforts to provide notice of material changes affecting core paid functionality.

23. Changes to the Terms

FactoryFit may update these Terms from time to time. If we make a material change, we will provide notice — for example, by email or an in-product notice — and, where required by applicable law, seek your renewed acceptance. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

24. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles.

Subject to applicable law, the state and federal courts located in Orange County, California will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and each party consents to the personal jurisdiction of those courts.

25. Severability / Waiver / Assignment / Entire Agreement

• Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• Waiver. No waiver of any provision of these Terms is effective unless made in writing. A party’s failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign or transfer these Terms without FactoryFit’s prior written consent. FactoryFit may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
• Entire Agreement. These Terms, together with the Privacy Policy and any other terms referenced in them, constitute the entire agreement between you and FactoryFit regarding the Service and supersede any prior agreements on the subject.

26. Contact Information

• General support: hello@factoryfit.app
• Legal and privacy inquiries: legal@factoryfit.app
• Entity: FactoryFit LLC