By creating an account and/or using MyFitEra, you confirm that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy (available at privacy-policy.html), which is incorporated herein by reference. If you do not agree with these Terms or the Privacy Policy, you must not use the Service.
Please read these Terms of Service ("Terms," "Terms of Service") carefully before using the MyFitEra mobile application (the "Service") operated by RCS Technologies Inc. ("MyFitEra," "us," "we," or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the terms, then you do not have permission to access the Service.
1. Acceptance of Terms
2. Subscriptions and Payments
MyFitEra may offer a free trial period for its premium features. After the expiration of any free trial period, continued access to premium features will require a paid subscription.
- Subscription Fees: Subscription fees will be disclosed to you at the time of purchase. All fees are payable in accordance with payment terms in effect at the time the fee or charge becomes payable.
- Billing: Subscriptions are managed and billed through the platform from which you downloaded the application (e.g., Apple App Store, Google Play Store). Your payment will be processed by the respective app store provider, and you will be subject to their payment terms and policies.
- Automatic Renewal: Unless you cancel your subscription before the end of the current subscription period through the app store settings, your subscription will automatically renew. You authorize the app store provider to charge your payment method for the renewal term.
- Cancellation: You may cancel your subscription at any time through the subscription management settings of the respective app store. Cancellation will be effective at the end of the current billing cycle.
- Refunds: Subscription fees are generally non-refundable, except as required by applicable law or the policies of the app store provider.
- Price Changes: We reserve the right to change our subscription fees. We will provide you with reasonable prior notice of any price changes.
3. AI and Content Disclaimer & Health Notice
The MyFitEra application uses artificial intelligence (AI) to generate fitness routines and provide related information. This content is provided for informational and educational purposes only. It does not constitute professional medical advice, diagnosis, treatment, or certified personal training prescription.
Health Disclaimer: Physical activity inherently carries risks. You should consult with a physician or other qualified healthcare provider before starting any new fitness program or making any changes to your existing routine, particularly if you have any pre-existing health conditions or concerns. Never disregard professional medical advice or delay in seeking it because of something you have read or received from the MyFitEra application. If you experience any pain, discomfort, dizziness, or other adverse health effects while exercising, stop immediately and consult a healthcare professional.
MyFitEra is not a licensed medical care provider, and we have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
4. Waiver of Liability and Assumption of Risk
You expressly agree that your use of the Service is at your sole risk. You understand and acknowledge that participating in any physical activity, including exercises and workout routines suggested by MyFitEra, involves inherent risks of physical injury, including serious injury or death. You voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of MyFitEra or others.
To the fullest extent permitted by applicable law, RCS Technologies Inc. disclaims all liability for any injuries, damages, losses, or claims of any kind (including direct, indirect, incidental, consequential, or punitive damages) arising from or in any way related to your use of the MyFitEra application, its content, or any exercises or routines performed in connection with the Service.
You are responsible for using your best judgment, performing exercises correctly and safely, and ensuring that your environment is safe for physical activity.
5. User Responsibilities and Account Security
To use MyFitEra, you agree to:
- Provide accurate, current, and complete information as prompted by any registration forms on the Service.
- Maintain and promptly update your registration data and any other information you provide to us, to keep it accurate, current, and complete.
- Maintain the security of your password and identification. You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized use of your account or any other breach of security.
- Use the Service only for lawful purposes and in accordance with these Terms.
- Be solely responsible for your interactions with the Service and any consequences thereof.
6. Prohibited Uses and Restrictions
You agree not to use the Service:
- In any way that violates any applicable national or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate MyFitEra, a MyFitEra employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm MyFitEra or users of the Service or expose them to liability.
Additionally, you agree not to:
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service.
- Modify, translate, or create derivative works based on the Service.
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
7. Intellectual Property Rights
The Service and its original content (excluding User Content, if applicable), features, functionality, and AI-generated workout routines are and will remain the exclusive property of RCS Technologies Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of Canada and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of RCS Technologies Inc.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use strictly in accordance with these Terms.
8. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service and/or delete your account through the app settings, if available.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.
You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts located in Calgary, Alberta, and you consent to the jurisdiction of such courts.
10. Changes to Terms of Service
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect (e.g., via in-app notification, email, or by posting on our website). What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
11. Contact Us
If you have any questions about these Terms, please contact us at: RCS Technologies Inc. Email: info@rcstechnologiesinc.com