1. Agreement to These Terms
These Terms of Use ("Terms") form a legal agreement between you and Rajpoot Holding LLC, a limited liability company registered in Wyoming, United States ("Rajpoot Holding," "we," "us," or "our"), governing your access to and use of the Fitzoku mobile application and any related services (collectively, the "App").
By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
If you are using the App on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Eligibility
You must be at least 16 years old to use the App. If you are between 16 and 18 (or the age of majority in your jurisdiction), you may only use the App with the involvement and consent of a parent or legal guardian.
By using the App you represent that you meet these requirements and that you are not barred from using the App under any applicable law.
3. Health and Safety — Please Read Carefully
Fitzoku is a fitness and wellness tool. It is not a medical device and does not provide medical advice.
- The workout plans, exercise instructions, AI trainer responses, and any other content in the App are provided for general fitness and informational purposes only. They are not medical advice, diagnosis, or treatment, and are not a substitute for consultation with a qualified physician, physiotherapist, or other licensed healthcare professional.
- Consult a physician before beginning any exercise program, particularly if you are pregnant, have or suspect you have a medical condition, are recovering from injury or surgery, take medication, or have been sedentary.
- Physical exercise carries inherent risks including but not limited to muscle strain, sprains, fractures, cardiac events, and in rare cases death. By using the App you knowingly and voluntarily assume all such risks.
- Stop exercising immediately and seek medical attention if you experience chest pain, dizziness, shortness of breath, faintness, severe pain, or any other concerning symptom.
- Content generated by the App's AI features — including plans, exercise selections, set and repetition targets, weight suggestions, and coaching messages — is produced algorithmically and may contain errors, may be unsuitable for your circumstances, and is not reviewed by a licensed professional before you see it. You are responsible for evaluating whether any recommendation is appropriate for you, and for modifying or disregarding it as needed.
- The App's injury and health filters are best-effort features. They do not guarantee that a plan is safe for your condition. Never rely on them in place of professional guidance.
You are solely responsible for exercising within your own limits and for the manner in which you perform any exercise.
4. Your Account
To use most features you must create an account or use the App in anonymous mode.
- You agree to provide accurate information and to keep it current.
- You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
- Notify us promptly at [INSERT SUPPORT EMAIL] if you suspect unauthorized use of your account.
- Anonymous accounts: if you use the App without registering, your data is associated with your device and may be permanently lost if you uninstall the App, change devices, or clear app data. We are not responsible for such loss. Create a registered account to preserve your data.
We may suspend or terminate accounts that violate these Terms.
5. Subscriptions, Free Trial, and Payment
5.1 Plans
The App offers a free tier with limited functionality and a paid subscription ("Fitzoku Pro") with these options:
- Monthly: 7-day free trial, then USD $9.99 per month
- Annual: USD $99.90 per year
Prices are stated in US dollars. Prices in other currencies are determined by the applicable app store and may vary. Prices are exclusive of taxes unless stated otherwise; applicable taxes are added by the app store at checkout.
5.2 Free trial
- The 7-day free trial is available once per user and once per app store account. Prior subscribers and users who have previously used a trial are not eligible.
- Unless you cancel at least 24 hours before the trial ends, the trial converts automatically into a paid subscription and the applicable fee is charged to your app store account.
- We may modify or withdraw trial offers at any time for new users.
5.3 Billing and renewal
- Payment is charged to your Apple App Store or Google Play account at confirmation of purchase.
- Subscriptions renew automatically at the then-current price at the end of each billing period unless you cancel at least 24 hours before the period ends.
- Manage or cancel your subscription in your app store account settings. Deleting the App does not cancel your subscription.
5.4 Refunds
All purchases are processed by Apple or Google and are subject to their refund policies. We do not process refunds directly. Except where required by applicable law, fees are non-refundable and there are no refunds for partial subscription periods or unused features.
If you are a consumer in the European Union, United Kingdom, or another jurisdiction granting statutory withdrawal rights, those rights apply and are not limited by this section. Note that by starting to use digital content immediately you may waive certain withdrawal rights where permitted by law.
5.5 Price changes
We may change subscription prices. Changes take effect at the start of the next billing period following reasonable notice to you. If you do not accept a price change, cancel before it takes effect.
6. License and Acceptable Use
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App for your own non-commercial personal fitness purposes.
You may not:
- Copy, modify, translate, reverse engineer, decompile, or disassemble the App or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law
- Rent, lease, sell, sublicense, distribute, or otherwise transfer the App or your account
- Extract, scrape, or bulk-download the exercise library, animations, audio, translations, or any other content
- Use the App or its AI features to develop a competing product or to train machine learning models
- Circumvent paywalls, usage limits, rate limits, or security measures
- Upload unlawful, infringing, abusive, or harmful content, or content depicting minors inappropriately
- Attempt to manipulate the AI features into producing harmful, unlawful, or unsafe output, including through prompt injection
- Use the App in any way that violates applicable law or infringes the rights of others
- Interfere with the App's operation or attempt unauthorized access to our systems or other users' data
7. Your Content
You retain ownership of the content you submit, including progress photos, body measurements, workout logs, notes, and messages to the AI trainer ("User Content").
You grant Rajpoot Holding a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and process your User Content solely to operate and provide the App to you — for example, to display your progress photos back to you, to sync your workout history across devices, and to pass relevant context to our AI providers so the AI trainer can respond to you.
We do not use your progress photos or personal fitness data to train artificial intelligence models, and we do not sell your data.
You are responsible for your User Content and represent that you have the right to submit it. We may remove content that violates these Terms.
8. AI Features
The App uses third-party large language models to generate workout plans, coaching responses, and other content.
- Your inputs (including profile details, workout history, and anything you type to the AI trainer) are transmitted to our AI provider to generate responses.
- AI output is generated probabilistically. It may be inaccurate, incomplete, or inappropriate for your situation. Treat it as a suggestion from software, not as instruction from a qualified trainer.
- Do not submit sensitive personal information, medical records, or third-party personal data to the AI trainer.
- Availability of AI features may be limited by usage caps, rate limits, or provider outages. We do not guarantee uninterrupted access.
9. Intellectual Property
The App and all of its content — including software, design, exercise database, animations, illustrations, character artwork, audio, translations, trademarks, and the Fitzoku name and logo — are owned by Rajpoot Holding LLC or its licensors and are protected by intellectual property laws.
No rights are granted to you except the limited license in Section 6.
10. Third-Party Services
The App relies on third-party services including cloud hosting and database infrastructure, AI model providers, payment and subscription management, analytics, error monitoring, and text-to-speech and content delivery services. Your use of the App is also subject to the terms of the applicable app store.
We are not responsible for the acts, omissions, availability, or content of third parties.
11. Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation.
We do not warrant that the App will meet your requirements, that any fitness result will be achieved, that AI-generated content will be accurate or appropriate, or that defects will be corrected.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. Nothing in these Terms excludes liability that cannot be excluded under applicable law.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Rajpoot Holding LLC and its officers, members, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, or other intangible losses, arising from or relating to your use of the App.
- We will not be liable for any personal injury, illness, or death arising from your performance of any exercise, whether or not that exercise was recommended by the App, except to the extent such liability cannot be excluded by law.
- Our total aggregate liability arising out of or relating to the App or these Terms will not exceed the greater of (a) the amount you paid us in the twelve months preceding the event giving rise to the claim, or (b) USD $50.
These limitations apply regardless of the legal theory and even if we were advised of the possibility of such damages.
Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, or any liability that cannot lawfully be limited.
13. Indemnification
You agree to indemnify and hold harmless Rajpoot Holding LLC and its officers, members, employees, and agents from any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising from your use of the App, your User Content, your violation of these Terms, or your violation of any law or third-party right.
14. Termination
You may stop using the App at any time and may delete your account from within the App.
We may suspend or terminate your access at any time, with or without notice, if you breach these Terms, if we suspect fraud or unlawful use, or if we discontinue the App.
On termination, your license ends immediately. Sections that by their nature should survive — including Sections 3, 7, 9, 11, 12, 13, 15, and 16 — survive termination.
Account deletion is permanent and irreversible. Deleting your account does not automatically cancel a subscription purchased through an app store; cancel that separately in your app store settings.
15. Governing Law and Disputes
These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law principles.
Any dispute arising from these Terms or the App will be subject to the exclusive jurisdiction of the state and federal courts located in Wyoming, and you consent to personal jurisdiction there.
If you are a consumer resident in the European Union, United Kingdom, or another jurisdiction whose law grants you the right to bring proceedings in your local courts or to the protection of mandatory local consumer law, this section does not deprive you of those rights.
Informal resolution first: before filing a claim, please contact us at [INSERT SUPPORT EMAIL]. We will try in good faith to resolve the matter within 60 days.
16. Changes to These Terms
We may update these Terms from time to time. If we make material changes we will notify you in the App or by email before they take effect. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the App and cancel any subscription.
17. General
- Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and us regarding the App.
- Severability: if a provision is held unenforceable, the remainder stays in effect.
- No waiver: our failure to enforce a provision is not a waiver of it.
- Assignment: you may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control.
18. Apple-Specific Terms
If you downloaded the App from the Apple App Store, you acknowledge:
- These Terms are between you and Rajpoot Holding LLC only, not Apple. Apple is not responsible for the App or its content.
- Apple has no obligation to provide maintenance or support for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation.
- Apple is not responsible for addressing claims relating to the App, including product liability, legal or regulatory non-compliance, or consumer protection claims.
- Apple is not responsible for investigating or resolving any third-party intellectual property claim relating to the App.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
- You represent that you are not located in a country subject to a US Government embargo or designated as terrorist-supporting, and are not on any US Government restricted-party list.
19. Contact
Rajpoot Holding LLC
[30 N GOULD st Ste N Sheridan]
Wyoming, United States
Email: [ibtsham@rajpootholding.com]