Terms of Service

Effective Date: January 3, 2026

Welcome to MindFirst Fitness! These Terms of Service ("Terms") govern your use of the MindFirst Fitness mobile application ("App") operated by MindFirst Fitness ("we," "our," or "us").

By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, please do not use the App.

1. Description of Service

MindFirst Fitness is a health and wellness application that combines cognitive behavioral therapy (CBT) techniques with fitness tracking to help users achieve their health goals. The App provides:

• Workout, fasting, and meal logging
• Mental wellness tools and CBT exercises
• Progress tracking and analytics
• HealthKit integration
• Personalized insights and reminders

2. Eligibility

You must be at least 17 years of age to use this App. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

3. Account Registration

• You may need to create an account to access certain features
• You are responsible for maintaining the confidentiality of your account credentials
• You agree to provide accurate and complete information
• You are responsible for all activities under your account
• Notify us immediately of any unauthorized use of your account

4. Subscription and Payments

4.1 Free and Premium Tiers

The App offers both free and premium subscription tiers. Free users have access to basic features, while premium subscribers unlock the full feature set.

4.2 Premium Subscription

• Price: $29.99 per year (USD)
• Free Trial: New subscribers may be eligible for a 14-day free trial
• Billing: Subscriptions are billed annually through your Apple ID account
• Auto-Renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period

4.3 Cancellation

• You may cancel your subscription at any time through your Apple ID Account Settings
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial subscription periods
• If you cancel during a free trial, you will not be charged

4.4 Price Changes

We reserve the right to change subscription prices. You will be notified of any price changes before they take effect, and you may cancel before the new price applies.

5. User Conduct

You agree NOT to:

• Use the App for any unlawful purpose
• Attempt to gain unauthorized access to any part of the App
• Interfere with or disrupt the App's functionality
• Reverse engineer, decompile, or disassemble the App
• Use automated systems to access the App
• Share your account credentials with others
• Upload malicious content or viruses

6. Health Disclaimer

7. Intellectual Property

• The App, including all content, features, and functionality, is owned by MindFirst Fitness
• You are granted a limited, non-exclusive, non-transferable license to use the App
• You may not copy, modify, distribute, or create derivative works based on the App
• All trademarks, logos, and service marks are our property

8. User Content

• You retain ownership of content you create (journal entries, photos, etc.)
• By using the App, you grant us a license to process your content to provide the service
• You are responsible for the content you create and must not upload illegal or harmful content

9. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.

10. Third-Party Services

The App integrates with third-party services (Apple HealthKit, Firebase). Your use of these services is subject to their respective terms and privacy policies.

11. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the App will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy of health data or insights

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINDFIRST FITNESS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, data, or goodwill
• Any damages arising from your use or inability to use the App
• Any damages arising from health decisions made based on App information

Our total liability shall not exceed the amount you paid for the subscription in the 12 months preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless MindFirst Fitness from any claims, damages, losses, or expenses arising from your use of the App or violation of these Terms.

14. Termination

• We may suspend or terminate your access to the App at any time for violation of these Terms
• You may stop using the App and delete your account at any time
• Upon termination, your right to use the App immediately ceases

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes through the App or by email. Continued use after changes constitutes acceptance of the new Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to conflict of law principles.

17. Dispute Resolution

Any disputes arising from these Terms or your use of the App shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MindFirst Fitness regarding the App.

20. Contact Us

If you have questions about these Terms, please contact us at:

• Email: support@mindfirstfitness.com

MindFirst Fitness © 2026. All rights reserved.