Terms of Service

This document constitutes a legally binding agreement between you and APEX Tech, SpA. Please read it carefully before using the APEX Fitness application.

If you do not agree to these Terms, do not access or use the Service.

1. Introduction and Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the APEX Fitness mobile application, the companion website at apexfitness.app, and all related services (collectively, the “Service”), provided by APEX Tech, SpA, a Sociedad por Acciones organized under the laws of Chile (“APEX,” “Company,” “we,” “us,” or “our”). The person or entity accessing or using the Service is referred to as “you” or “User.”

By creating an account, downloading, installing, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Health and Fitness Disclaimer, each of which is incorporated herein by reference. If you do not agree to these Terms, you must not use the Service.

The Service is not currently offered in the European Economic Area or the United Kingdom. If we expand to those markets, we will update these Terms and our Privacy Policy to reflect applicable legal requirements.

The Service, certain features, subscriptions, and pricing may not be available in all countries or regions and may vary based on legal, operational, or platform requirements.

2. Eligibility

You must be at least sixteen (16) years of age to create an account and use the Service. By using the Service, you represent and warrant that you are at least sixteen (16) years old. If you are between the ages of sixteen (16) and eighteen (18) (or the age of majority in your jurisdiction, whichever is greater), your use of the Service signifies that your parent or legal guardian has also reviewed and agreed to these Terms. We do not knowingly collect personal information from anyone under sixteen (16) years of age. If we learn that we have collected personal information from a user under sixteen, we will take steps to delete that information promptly.

3. Account Registration and Security

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to immediately notify APEX at contact@apexfitness.app of any unauthorized use of your account or any other breach of security. APEX will not be liable for any loss or damage arising from your failure to safeguard your account credentials. We reserve the right to terminate accounts that we reasonably believe have been compromised.

4. Description of the Service

APEX Fitness is a health and fitness platform that provides the following features. Features may be updated, modified, or discontinued from time to time at our sole discretion, and we will update these Terms accordingly when material changes are made.

4.1 AI-Assisted Workout Plan Generation

The Service uses artificial intelligence algorithms to generate personalized workout plans based on your stated preferences, including but not limited to sets, repetitions, number of training days, cardio recommendations, periodization, training splits, pace, frequency, and plan duration. These plans are generated by AI algorithms, not by certified personal trainers, exercise physiologists, or other licensed professionals.

4.2 AI-Assisted Nutrition Plan Generation

The Service uses artificial intelligence to generate nutrition plans including calorie targets, macronutrient breakdowns (protein, carbohydrates, and fats), meal frequency recommendations, hydration guidelines, and nutritional strategies for different goals (e.g., caloric surplus, deficit, or maintenance). These plans are generated by AI algorithms, not by registered dietitians, nutritionists, or other licensed healthcare professionals.

4.3 Routine Generation and Management

The Service enables you to create exercise routines either manually or with AI assistance. Routines may include specifications for sets, repetitions, weights, rest periods, cardio components, and scheduling across multiple training days.

4.4 Workout Logging

The Service allows you to record workout data including exercises performed, sets, repetitions, weights used, duration of cardio activities, and estimated calorie expenditure.

4.5 AI-Assisted Progressive Overload and Routine Improvements

The Service uses artificial intelligence to analyze your workout performance and logs to generate recommendations regarding whether to increase load or volume (progressive overload), maintain current levels, or reduce intensity (deload). By default, these recommendations require your manual confirmation before being applied. You may also opt in, in your account settings, to have progressive overload recommendations applied automatically. You may reject any recommendation, and may switch between manual and automatic application, at any time.

4.6 Meal Logging

The Service enables you to log meals through three methods: (a) AI-assisted image analysis, whereby the Service uses computer vision algorithms to estimate nutritional content from photographs of food; (b) AI-assisted text analysis, whereby you describe meals in natural language and the Service estimates nutritional content; or (c) manual entry from a database of foods with pre-researched nutritional values sourced from official databases. All calorie counts and nutritional estimates are approximations and may not be fully accurate.

4.7 AI Chatbot

The Service includes an AI-powered conversational assistant designed to provide general information about fitness and nutrition topics. The chatbot is designed to respond only to health, fitness, and nutrition subjects and to assist you in understanding your own fitness data. The chatbot is an artificial intelligence system and is not a licensed healthcare professional, certified personal trainer, or registered dietitian.

4.8 Meal Recommendations

Through the AI chatbot or other Service features, the Service may generate meal suggestions with preparation instructions designed to align with your stated macronutrient and calorie targets. These recommendations are AI-generated suggestions for general informational purposes only.

4.9 Analytics and Tracking

The Service provides analytics dashboards that aggregate your data, including but not limited to workout consistency, estimated calories burned, calories consumed, and macronutrient intake. These analytics are estimates based on algorithms and the data you provide.

4.10 Exercise Library

The Service includes a library of over three hundred (300) exercises with instructional guidance and animation videos demonstrating proper form and technique. This content is the proprietary property of APEX and is protected by applicable intellectual property laws.

4.11 Progress Checks and Body Composition Estimates

The Service may allow you to complete Progress Checks using scale readings, body measurements, subjective wellbeing inputs, nutrition data, and optional body photographs. If you choose to upload body photographs, the Service may use AI-assisted analysis to estimate body composition, identify visual changes over time, and generate personalized feedback.

Body-photo analysis is optional, requires separate consent, and produces estimates only. It is not a medical, clinical, diagnostic, or professional body-composition assessment.

5. Health and Fitness Disclaimer

The summary below is supplemented by our full Health and Fitness Disclaimer, which is incorporated into these Terms by reference.

5.1 Not Medical Advice. The Service provides health, fitness, and nutritional information designed for educational and informational purposes only. The Service is not intended to be, and must not be used as, a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition, treatment, or before undertaking a new exercise or nutrition program.

5.2 AI-Generated Content Is Not Professional Advice. All workout plans, nutrition plans, progressive overload recommendations, meal suggestions, chatbot responses, and any other AI-generated content are produced by artificial intelligence algorithms. They are not created, reviewed, or approved by licensed healthcare professionals, certified personal trainers, registered dietitians, or any other credentialed practitioners. AI-generated content is based on general algorithms and the information you provide; it cannot fully account for your individual health conditions, medical history, injuries, contraindications, allergies, or other factors that may affect the safety or appropriateness of any exercise or dietary recommendation.

5.3 Physical Activity Risks. Exercise and physical activity carry inherent risks including, but not limited to, musculoskeletal injury, cardiovascular events, dehydration, and in rare cases, death. You acknowledge and accept these risks. You should consult your physician before beginning any fitness program, particularly if you have a history of heart disease, high blood pressure, bone or joint problems, or any other health condition. Stop exercising immediately and seek medical attention if you experience faintness, dizziness, pain, or shortness of breath.

5.4 Nutritional Information Accuracy. Calorie counts, macronutrient calculations, and nutritional estimates provided by the Service (including those derived from AI-based meal photo analysis or text analysis) are approximations only. They may contain errors and should not be relied upon for clinical dietary requirements, medical nutrition therapy, or the management of any health condition such as diabetes, eating disorders, or food allergies. You are solely responsible for verifying the accuracy of any nutritional information before relying on it.

5.5 No Guaranteed Results. Individual results vary based on many factors, including genetics, adherence to programs, medical conditions, lifestyle factors, and other variables outside APEX's control. APEX does not guarantee any specific results, including weight loss, muscle gain, improved athletic performance, or any other health or fitness outcome.

5.6 Emergency Situations. The Service is not designed or intended for use in medical emergencies. If you believe you are experiencing a medical emergency, call your local emergency services immediately. Do not rely on the Service, including the AI chatbot, for emergency medical information or assistance.

5.7 Body Composition Estimates. Any body composition, visual progress, physique-related, or body-fat-related feedback generated from photographs or Progress Checks is an estimate only. It is not a medical, clinical, diagnostic, or professional assessment and should not be relied upon for medical decisions, eating disorder management, or treatment of any health condition.

5.8 Not a Regulated Medical Device. The Service is intended for general fitness, wellness, and educational purposes only and is not intended to function as a regulated medical device or clinical decision-making tool.

6. Artificial Intelligence Disclosure and Transparency

6.1 AI Systems. APEX Fitness is an AI-powered service. The majority of personalized content delivered through the Service — including workout plans, nutrition plans, routine improvement and progressive overload recommendations, meal logging via image and text analysis, chatbot responses, meal recommendations, body composition analysis, and progress insights — is generated by artificial intelligence and machine learning technologies. You acknowledge and consent to the use of AI in these features.

6.2 AI Limitations. AI-generated outputs are probabilistic and may contain errors, inaccuracies, or omissions. AI systems may produce different results for the same inputs, may not fully understand context, and cannot replace professional judgment. You should independently verify any AI-generated content before acting on it, particularly with respect to health, fitness, and nutrition decisions.

6.3 Labeling. Content generated by AI within the Service will be identified as AI-generated where required by applicable law.

6.4 Data Use for AI. Your use of AI features may involve the transmission of data you provide (such as workout preferences, meal photos, and text inputs) to AI processing systems, which may include third-party AI service providers. The specific providers and the data shared with them are described in our Privacy Policy. You may opt out of certain data uses as described therein, though opting out may limit the functionality of AI features.

6.5 Human Override. You retain full control over whether to accept or reject any AI-generated recommendation. By default, progressive overload recommendations and other AI-generated suggestions require your manual approval before being applied. You may opt in, in your account settings, to have progressive overload recommendations applied automatically; this preference can be turned off at any time. You are under no obligation to follow any AI-generated recommendation.

7. Subscription Terms and Billing

7.1 Plans and Pricing. The Service may be offered on a free, paid, trial, or subscription basis, depending on the features and plans available at the time you use the Service. If paid plans, trials, or subscriptions are made available, the applicable features, pricing, billing period, renewal terms, and cancellation instructions will be described within the App, on our website, or through the applicable app store. APEX reserves the right to modify plans, features, and pricing at any time, subject to applicable notice requirements and the billing rules of the platform through which you subscribed.

7.2 Free Trial. APEX may offer free trial periods for certain subscription tiers. If you begin a free trial, you will not be charged during the trial period. At the end of the free trial, your subscription will automatically convert to a paid subscription at the then-current rate unless you cancel before the trial period ends. Any unused portion of a free trial will be forfeited upon purchasing a subscription. Free trial eligibility is limited to one trial per user per account and may be verified through your Apple ID, Google Account, or payment method.

7.3 Automatic Renewal. All subscriptions automatically renew at the end of each billing period (monthly or annually, as applicable) unless you cancel before the renewal date. By subscribing, you authorize APEX (through the applicable app store) to charge the recurring subscription fee to your designated payment method at the start of each renewal period.

7.4 Billing Through App Stores. If you subscribe through the Apple App Store or Google Play Store, billing is managed by the respective platform. Payment will be charged to the payment method associated with your Apple ID or Google Account at confirmation of purchase. Your subscription will renew automatically unless auto-renewal is turned off at least twenty-four (24) hours before the end of the current billing period. Your account will be charged for renewal within twenty-four (24) hours prior to the end of the current period at the rate of your selected plan.

7.5 Managing and Cancelling Subscriptions. You may manage or cancel your subscription at any time through your device's account settings:

• For iOS: Settings > [Your Name] > Subscriptions > APEX Fitness > Cancel Subscription.
• For Android: Google Play Store > Menu > Subscriptions > APEX Fitness > Cancel Subscription.

Cancellation takes effect at the end of the current billing period. You will retain access to subscription features until the end of the period for which you have already paid. Deleting the App does not cancel your subscription.

7.6 Refunds. Refunds for subscription purchases made through the Apple App Store or Google Play Store are subject to the refund policies of the respective platform. APEX does not directly process refunds for app store purchases. To request a refund, please contact Apple or Google through their respective support channels.

7.7 Price Changes. APEX may change subscription pricing from time to time. Any price changes are subject to the billing and notification rules of the platform through which you subscribed. For subscriptions managed through the Apple App Store, Apple may notify you of price increases and, where required, seek your consent before applying new pricing. For subscriptions managed through Google Play, Google's notification and consent mechanisms apply. In all cases, if you do not agree with a price change, you may cancel your subscription before the new price takes effect. We will also provide advance notice of pricing changes through the App or by email where required by applicable law.

7.8 Annual Renewal Reminders. Where required by applicable law (including the California Automatic Renewal Law), annual renewal reminders may be provided by the applicable app store, by APEX, or both. Where APEX provides the reminder, it will include the renewal date, the renewal price, and instructions for cancellation.

8. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• (a) Use the Service in any way that violates any applicable federal, state, local, or international law or regulation;
• (b) Attempt to gain unauthorized access to any portion of the Service, other users' accounts, or any systems or networks connected to the Service;
• (c) Use the Service to transmit any malicious code, viruses, or harmful components;
• (d) Use automated scripts, bots, scrapers, or similar technology to access or interact with the Service without our written permission;
• (e) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service or any AI model used therein;
• (f) Reproduce, distribute, publicly display, publicly perform, screen-record, or create derivative works of any content from the Service, including exercise animation videos, without our prior written consent;
• (g) Share your account credentials with any third party or allow multiple individuals to use a single account;
• (h) Resell, sublicense, or commercially exploit any aspect of the Service;
• (i) Provide false, misleading, or fraudulent information during account registration or use of the Service;
• (j) Use the AI chatbot or any AI feature to attempt to generate content outside the scope of health, fitness, and nutrition, or to attempt to circumvent the chatbot's safety protocols;
• (k) Interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
• (l) Upload photographs, health data, or other personal information of another person without their valid consent, or upload body photographs of minors.

9. Intellectual Property Rights

9.1 APEX's Intellectual Property. The Service and its entire contents, features, and functionality — including but not limited to all software, code, algorithms, AI models, text, graphics, logos, icons, exercise animation videos, instructional content, user interface design, data compilations, and the overall look and feel of the Service — are owned by APEX, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of Chile, the United States, and other jurisdictions worldwide.

9.2 Limited License to You. Subject to your compliance with these Terms and payment of any applicable fees, APEX grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service, including streaming (but not downloading) exercise animation videos, solely for your personal, non-commercial use during the term of your active account or subscription, as applicable. This license does not include the right to reproduce, distribute, publicly display, publicly perform, modify, create derivative works from, or otherwise exploit any content available through the Service.

9.3 Exercise Animation Videos. The exercise animation videos available through the Service are proprietary copyrighted works of APEX. You may not record, capture, download, reproduce, distribute, modify, create derivative works from, or commercially exploit these videos in any form. Unauthorized use of these videos may result in termination of your account and may subject you to civil and criminal penalties.

9.4 AI-Generated Content Ownership. Workout plans, nutrition plans, meal recommendations, and other content generated by the Service's AI features may not qualify for copyright protection under applicable law. Notwithstanding any copyright status, you are granted a personal, non-exclusive license to use AI-generated content from the Service for your own personal health and fitness purposes. You may not commercially exploit, redistribute, or publicly publish AI-generated content from the Service in a manner that competes with the Service.

9.5 Feedback. If you provide any feedback, suggestions, or ideas regarding the Service, you grant APEX a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, and distribute such feedback for any purpose without compensation or attribution to you.

9.6 Trademarks. APEX Fitness, the APEX logo, and all related names, logos, product and service names, designs, and slogans are trademarks of APEX or its affiliates. You may not use such marks without our prior written permission.

10. Your Data and Privacy

10.1 Privacy Policy. Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and share your personal information, including health and fitness data. The Privacy Policy is incorporated into these Terms by reference.

10.2 Health Data Consent. By using the Service, you acknowledge that the Service collects and processes health-related data, including workout logs, nutrition data, body metrics, meal photographs, and AI conversation logs. Where required by applicable law, we will obtain your explicit consent before processing such data.

10.3 Data Portability. You may request a copy of your personal data in a structured, commonly used, and machine-readable format, as provided under applicable data protection laws, by contacting us at contact@apexfitness.app. A self-serve JSON export is also available in-App.

10.4 Data Retention. Upon account deletion, your account data and user-generated personal data are permanently deleted from our systems with no recovery window, except for limited records we are required or permitted to retain for legal, tax, accounting, fraud-prevention, security, or dispute-resolution purposes, as described in our Privacy Policy.

10.5 User Content. You retain ownership of the content and data you submit to the Service, including workout logs, nutrition logs, meal photographs, body photographs, progress check data, notes, and AI chat inputs (“User Content”).

You grant APEX a limited, worldwide, non-exclusive, revocable license to host, store, process, transmit, display, analyze, and otherwise use your User Content solely as necessary to provide, secure, maintain, troubleshoot, and operate the Service, as described in these Terms and our Privacy Policy.

APEX does not claim ownership of your User Content. APEX does not use your User Content, including body photographs, to train, fine-tune, or improve AI models.

11. Third-Party Services and Links

The Service may integrate with or contain links to third-party services, applications, or websites, including the Apple App Store, Google Play Store, and AI service providers. These third-party services are governed by their own terms of service and privacy policies, which we encourage you to review. APEX is not responsible for the content, functionality, privacy practices, or availability of any third-party service and does not endorse or assume any liability for any third-party service. When using the Service, you agree to comply with any applicable third-party terms of agreement.

12. Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

WITHOUT LIMITING THE FOREGOING, APEX MAKES NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE, INCLUDING AI-GENERATED WORKOUT PLANS, NUTRITION PLANS, OR OTHER RECOMMENDATIONS, WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR INDIVIDUAL CIRCUMSTANCES; (D) THE QUALITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY CALORIE ESTIMATES, MACRONUTRIENT CALCULATIONS, OR NUTRITIONAL DATA PROVIDED BY THE SERVICE WILL BE ACCURATE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APEX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF APEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, APEX SHALL NOT BE LIABLE FOR ANY INJURY, ILLNESS, DEATH, OR OTHER HARM ARISING FROM YOUR USE OF OR RELIANCE ON ANY AI-GENERATED WORKOUT PLAN, NUTRITION PLAN, PROGRESSIVE OVERLOAD RECOMMENDATION, MEAL SUGGESTION, CHATBOT RESPONSE, OR OTHER CONTENT PROVIDED THROUGH THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF APEX FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO APEX FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS SHALL LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.

14. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless APEX and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of and access to the Service; (b) your violation of any provision of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any claim that your use of the Service caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Service.

15. Copyright Reporting

APEX respects the intellectual property rights of others. If you believe that any content available through the Service infringes your copyright or other intellectual property rights, please notify us at contact@apexfitness.app with the following information: (a) a description of the copyrighted work you claim has been infringed; (b) a description of the material you believe is infringing and its location within the Service; (c) your contact information (name, address, phone number, and email); and (d) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.

We will review all good-faith reports of alleged infringement and take appropriate action, which may include removing or disabling access to the content in question. We reserve the right to terminate the accounts of users who repeatedly infringe the intellectual property rights of others.

Note: APEX does not currently maintain a designated agent with the U.S. Copyright Office under 17 U.S.C. § 512(c). This section provides a voluntary reporting mechanism and does not constitute a claim of safe harbor under the Digital Millennium Copyright Act.

16. Termination

16.1 Termination by You. You may terminate your account at any time by deleting your account through the App settings and cancelling any active subscription through your device's account settings. Deleting the App alone does not terminate your account or cancel your subscription.

16.2 Termination by APEX. APEX may terminate your account and access to the Service under the following circumstances:

• (a) Immediately and without prior notice, if you engage in fraud, illegal activity, or conduct that poses a risk to the safety or security of other users, APEX, or third parties;
• (b) Immediately and without prior notice, if you materially breach Sections 5, 8, or 9 of these Terms (health disclaimer acknowledgment, acceptable use, or intellectual property);
• (c) With reasonable notice via email to the address associated with your account, for any other material breach of these Terms; or
• (d) With at least thirty (30) days' written notice, if APEX discontinues the Service or a material portion thereof.

16.3 Data Export. You may export your personal data at any time prior to account deletion using the in-App export feature. Account deletion — whether initiated by you under Section 16.1 or by APEX under Section 16.2 — is immediate and final; there is no post-deletion recovery or export window. If APEX terminates your account for reasons other than fraud, illegal activity, security risk, or serious breach, we may provide a reasonable opportunity to export your user-generated data where technically and legally feasible.

16.4 Effect of Termination. Upon termination: (a) your license to use the Service ceases; (b) you must cease all use of the Service; and (c) APEX will handle your personal data as described in our Privacy Policy. Sections 5, 9, 12, 13, 14, 19, and 20 shall survive any termination of these Terms.

17. Modifications to These Terms

APEX reserves the right to modify these Terms at any time. If we make material changes, we will provide notice through the App, by email to the address associated with your account, or through other prominent means, at least thirty (30) days before the changes take effect (or such longer period as may be required by applicable law). The updated Terms will indicate the revised effective date at the top of the document.

Your continued use of the Service after the effective date of any modified Terms constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription before the effective date of the changes.

18. Modifications to the Service

APEX reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature, content, or functionality. Where practicable and required by applicable law, APEX will provide reasonable advance notice of material changes to the Service that may adversely affect your use. APEX is not obligated to maintain or support any particular feature of the Service.

19. Dispute Resolution

Before filing any formal claim, you and APEX agree to first attempt to resolve the dispute informally by contacting contact@apexfitness.app. The parties will attempt in good faith to resolve the dispute within sixty (60) days.

If the dispute is not resolved informally, the dispute will be handled under the governing law provision in Section 20, subject to any mandatory consumer protection rights that apply.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief for actual or threatened misuse of intellectual property, unauthorized access, security abuse, or other urgent harm.

20. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the Republic of Chile, without regard to its conflict of law principles.

Subject to any mandatory consumer protection rights that apply, you and APEX agree that the courts of Santiago, Chile shall have jurisdiction over disputes arising out of or relating to these Terms or the Service.

This choice of law and jurisdiction does not limit any mandatory consumer protection rights that apply to you.

21. Apple and Google App Store Terms

The following additional terms apply if you download or access the Service through the Apple App Store or Google Play Store. In the event of any conflict between these Terms and the applicable app store's terms of service, the app store's terms shall govern solely with respect to the conflicting provision.

21.1 Apple App Store

If you access the Service through the Apple App Store, the following additional terms apply:

• (a) These Terms are between you and APEX only, and not with Apple Inc. (“Apple”). APEX, not Apple, is solely responsible for the Service and its content.
• (b) The license granted to you in Section 9.2 is limited to a non-transferable license to use the Service on any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms of Service.
• (c) APEX, not Apple, is responsible for providing any maintenance and support services with respect to the Service. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Service.
• (d) In the event of any failure of the Service to conform to any applicable warranty (to the extent a warranty has not been disclaimed), you may notify Apple, and Apple will refund the purchase price (if any) for the Service. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are APEX's sole responsibility.
• (e) APEX, not Apple, is responsible for addressing any claims you or any third party may have relating to the Service or your possession and use of the Service, including but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• (f) In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party's intellectual property rights, APEX, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• (g) You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• (h) Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

21.2 Google Play Store

If you access the Service through the Google Play Store, the following additional terms apply:

• (a) These Terms are between you and APEX only, and not with Google LLC (“Google”). APEX, not Google, is solely responsible for the Service and its content.
• (b) Your use of the Service must comply with Google's then-current Google Play Store Terms of Service.
• (c) Google is not responsible for providing support or handling complaints related to the Service. All support requests should be directed to APEX at contact@apexfitness.app.
• (d) Google is only a provider of the Google Play Store through which you obtained the Service. Google has no obligation or liability to you with respect to the Service or these Terms.

22. General Provisions

22.1 Entire Agreement. These Terms, together with the Privacy Policy, Health and Fitness Disclaimer, and any other legal documents referenced herein, constitute the entire agreement between you and APEX regarding the Service and supersede all prior agreements, representations, and understandings.

22.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

22.3 Waiver. No failure or delay by APEX in exercising any right under these Terms shall constitute a waiver of that right. A waiver of any right on one occasion shall not be deemed a waiver of such right on any subsequent occasion.

22.4 Assignment. You may not assign or transfer these Terms or any rights hereunder without the prior written consent of APEX. APEX may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

22.5 Force Majeure. APEX shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions, power failures, internet disruptions, or third-party service provider outages.

22.6 Notices. APEX may provide notices to you via email to the address associated with your account or through in-app notifications. You may provide notices to APEX by emailing contact@apexfitness.app. Notice is deemed given: (a) upon sending, for email notices; or (b) upon posting, for in-app notifications.

22.7 Language. These Terms may be made available in multiple languages for convenience. In the event of any conflict between the English version and any translated version, the English version shall prevail, except where prohibited by applicable law.

22.8 No Third-Party Beneficiaries. Except as expressly set forth in Section 21 (Apple and Google App Store Terms), these Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

22.9 Headings. Section headings are for reference purposes only and shall not affect the interpretation of these Terms.

22.10 Mandatory Consumer Rights. Nothing in these Terms limits, excludes, or modifies any rights you may have under consumer protection laws that cannot be waived by contract.

23. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us at: