Terms of Service

1. Agreement

These Terms of Service (“Terms”) govern your use of the TotalFit Connect mobile app, website (totalfitconnect.com), and related services (the “Services”). The Services are operated by 14109015 Canada Limited (“we,” “us,” or “our”), a Canadian corporation with its principal place of business in Ontario, Canada. By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

The app is currently offered through app stores in Australia, Canada, New Zealand, the United Kingdom, and the United States. Features, pricing, and availability may differ by platform or region.

We may update these Terms at any time. For material changes, we will give at least 14 days’ notice via in-app notification or email. Continued use after that date means you accept the changes.

2. Your Account

You must be at least 16 years old to use TotalFit Connect. By creating an account you confirm you meet this requirement. You must provide accurate information and are responsible for all activity under your account. Keep your login credentials confidential and notify us immediately at contact@totalfitconnect.com if you suspect unauthorized access.

You may delete your account at any time from Settings → Account → Delete Account. We may suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or harm other users. We will notify you of termination unless doing so would compromise a fraud or legal investigation.

3. TotalFit Connect Pro

TotalFit Connect offers a free tier and a paid Pro subscription that unlocks additional features. Purchases in the iOS app are processed by Apple, and purchases in the Android app are processed by Google Play. By subscribing, you also agree to the applicable store terms. The store displays the price, billing period, currency, taxes, and any trial before you confirm a purchase. We do not collect your payment-card details.

Subscriptions renew automatically for the period shown at purchase unless you cancel before the store’s renewal deadline. Cancel on iPhone through Apple ID Settings → Subscriptions → TotalFit Connect, or on Android through Google Play → Payments & subscriptions → Subscriptions → TotalFit Connect. Deleting the app or your TotalFit Connect account does not cancel a store subscription.

Apple or Google handles billing, cancellation, and store refunds, subject to applicable law. For Apple purchases, visit reportaproblem.apple.com. For Google Play purchases, use Google Play purchase history or Google Play Help. We may change prices only through the applicable store process and with any notice or consent required by the store and local law. Price changes do not take effect retroactively.

4. Acceptable Use

You agree not to:

• Post abusive, harassing, threatening, or defamatory content
• Impersonate any person or entity
• Upload viruses or malicious code
• Attempt unauthorized access to any part of the Services
• Scrape or data-mine the Services without written permission
• Promote dangerous workout challenges, eating disorders, or body-shaming
• Sell, trade, or transfer your account
• Create multiple accounts to evade a ban
• Reverse-engineer or attempt to extract source code from the App
• Violate any applicable laws or regulations

5. Your Content

You own the content you post on TotalFit Connect. By posting it, you grant us a non-exclusive, royalty-free, worldwide license to display and distribute it solely to operate the Services. This license ends when you delete the content or your account.

You are responsible for your content. We may remove content that violates these Terms and may suspend or terminate accounts for repeated violations. You can report content using the in-app report feature on any post or profile.

For copyright concerns, email legal@totalfitconnect.com with: (a) identification of the copyrighted work, (b) location of the infringing content, (c) your contact information, and (d) a good faith statement that the use is unauthorized.

6. Trainer Marketplace

TotalFit Connect may offer a marketplace where fitness professionals can offer plans and coaching to users. Trainers are independent contractors, not employees or agents of TotalFit Connect. TotalFit Connect is a platform only and is not a party to trainer-user transactions. Trainer credentials are self-reported and not independently verified. TotalFit Connect is not responsible for trainer content, advice, or outcomes. Trainers agree to separate Trainer Terms at onboarding.

7. Your Health

Use of TotalFit Connect is at your own risk. TotalFit Connect is not a medical service and does not provide medical advice. Before using the Services, if you have any pre-existing medical conditions, please seek advice from a qualified healthcare professional.

Exercise carries inherent risks including injury or death. By using the Services you assume all known and unknown risks associated with any exercise activity. Stop exercising and seek medical attention immediately if you experience pain, dizziness, chest discomfort, or any other concerning symptoms.

8. Intellectual Property

The Services and all original content, excluding user content, are owned by 14109015 Canada Limited and protected by Canadian, US, and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes. You may not copy, modify, distribute, sell, reverse-engineer, or extract source code from the App.

9. Indemnification

To the extent permitted by applicable law, you agree to defend and hold harmless 14109015 Canada Limited and its officers, employees, and affiliates from third-party claims, damages, and reasonable costs arising from your unlawful use of the Services, your content, or your material violation of these Terms or third-party rights. This provision does not require a consumer to indemnify us for our own negligence, breach of law, or conduct for which liability cannot lawfully be excluded.

10. Limitation of Liability

The Services are provided “as is” without warranties of any kind. To the maximum extent permitted by law, TotalFit Connect shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services. Our total liability shall not exceed the greater of CAD $100 or the amount you paid to TotalFit Connect in the 12 months preceding the claim.

Nothing in these Terms limits liability that cannot be excluded under applicable law, including liability for death or personal injury caused by negligence, or fraud. Your local consumer protection laws may grant you additional rights that these Terms cannot override.

11. Governing Law

These Terms are governed by the laws of Ontario, Canada, without depriving you of mandatory protections under the law of the place where you live. Ontario courts have non-exclusive jurisdiction. Consumers may bring a claim in any local court or forum that applicable consumer law makes available.

Before any formal proceeding, contact legal@totalfitconnect.com to attempt informal resolution. We will respond within 30 days. We do not use mandatory arbitration or class action waivers.

12. Regional Consumer Rights

Nothing in these Terms excludes, restricts, or modifies a guarantee, warranty, right, remedy, or liability that applicable law does not allow us to exclude. In particular:

• Australia: services come with consumer guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a repair, replacement, refund, cancellation, or compensation where those guarantees apply.
• New Zealand: rights and remedies under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 continue to apply where they cannot lawfully be excluded.
• United Kingdom: statutory rights under the Consumer Rights Act 2015 and other mandatory UK consumer law continue to apply to digital content and services.
• Canada: mandatory federal and provincial consumer-protection rights continue to apply, including any rights that cannot be waived in your province or territory.
• United States: state consumer-protection, subscription, and cancellation rights continue to apply where required.

13. General

These Terms, together with our Privacy Policy, are the entire agreement between you and TotalFit Connect. If any provision is found unenforceable, the remaining provisions stay in effect. Our failure to enforce any right is not a waiver of that right. You may not assign your rights under these Terms without our written consent. Sections covering intellectual property, indemnification, liability, and governing law survive termination of these Terms.