Effective Date: July 2, 2026

Welcome to NexFit. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and MicAI Software Limited (“MicAI,” “we,” “our,” or “us”) governing your access to and use of NexFit (our fitness mobile application product, website, and all related tracking services, collectively the “Service”).

By downloading, installing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Notice. If you do not agree to these Terms, you must immediately discontinue your use of the Service.

1. Eligibility and Age Requirements

To use NexFit, you represent and warrant that you are at least 13 years old. If you are between the ages of 13 and 17 (or the age of digital majority in your jurisdiction), you may only use the Service under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms and takes full responsibility for your actions within the app.

2. Critical Health, Nutrition, and Safety Disclaimers

IMPORTANT: THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE.

• For Informational Purposes Only: All health metrics, nutrition tracking insights, calorie estimates, macro targets, lifting tracking, and exercise volume analytics generated by NexFit are automated approximations. They should not be treated as a substitute for professional medical advice, personalized nutritional counseling, or professional physical therapy.

• Consult a Professional: Always consult a licensed healthcare provider, registered dietitian, or certified sports medicine specialist before initiating a new exercise protocol, altering your dietary habits, or setting extreme physical milestones (such as dramatic caloric changes or aggressive strength training adjustments).

• Assumption of Risk: Engaging in physical exercise and strength training involves inherent physical risks. By using NexFit to track your workouts or nutrition, you explicitly acknowledge that you do so voluntarily and at your own risk. MicAI Software Limited disclaims all liability for any injuries, health complications, or adverse effects resulting from your reliance on data generated by the Service.

3. Account Registration and Security

• Accuracy of Information: When creating an account, you agree to provide true, accurate, and complete data.

• Credential Protection: You are entirely responsible for maintaining the confidentiality of your account login details (such as your Apple or Google social login links). You accept full responsibility for all activities occurring under your account.

• Unauthorized Access: You agree to notify our customer support team immediately at support@nexfit.app if you suspect or detect any unauthorized access or breach of security.

4. Subscriptions, Billing, and In-App Purchases

NexFit offers a mix of free core functionality alongside premium, subscription-based features (e.g., advanced analytics, specialized tracking modules).

• App Store Processing: All transactions, premium subscriptions, and in-app purchases are securely processed through third-party platforms, namely the Apple App Store and Google Play Store. Their respective billing terms, renewal conditions, and payment processing rules govern these transactions.

• Automatic Renewal: Paid premium subscriptions automatically renew at the end of each billing cycle (e.g., monthly or annually) at the then-current rate. To avoid recurring charges, you must cancel your subscription at least 24 hours prior to the end of the current billing period.

• Cancellation Policy: Uninstalling or deleting the NexFit app from your device does not automatically cancel your active subscription. You must manage and cancel your subscription directly through your device's ecosystem settings (Apple Subscriptions or Google Play Subscriptions).

• Refund Policy: Subscription fees are non-refundable except as mandated by local laws or as authorized by the respective application storefront platform policies.

5. User Content and License Grant

Certain features of NexFit allow you to input, upload, or log personal metrics, progress photos, text, and other tracking components (“User Content”).

• Your Ownership: You retain full ownership and copyright of any User Content you upload to NexFit.

• License to MicAI Software Limited: To operate and continuously improve the Service, you grant MicAI Software Limited a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to host, store, process, analyze, reproduce, and adapt your User Content. This license is limited strictly to the operational, analytical, and performance-improving functions of the software, subject to the protections detailed in our Privacy Notice.

• Prohibited Content: You agree not to upload any content that is unlawful, harmful, explicit, infringing upon third-party intellectual property, or designed to disrupt the Service.

6. Intellectual Property Rights

Excluding your personal User Content, all rights, titles, and interests in and to the NexFit application—including its user interface design, logo, branding, underlying algorithms, source code, and data structures—are owned exclusively by MicAI Software Limited or its licensors. You may not copy, reverse-engineer, decompile, modify, distribute, or create derivative works of any part of the Service without our express written consent.

7. Limitation of Liability and "AS IS" Disclaimer

• Provided "AS IS": NexFit is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular athletic goal, or data accuracy.

• Liability Cap: To the maximum extent permitted by applicable law, MicAI Software Limited’s total cumulative liability for any claims arising out of or related to these Terms or the use of the Service shall not exceed the greater of:

  1. The total amount of fees paid by you to MicAI Software Limited for the Service in the twelve (12) months preceding the incident, or

  2. One Hundred US Dollars ($100.00).

• Exclusion of Indirect Damages: MicAI Software Limited shall not be liable for any indirect, incidental, special, or consequential damages, including loss of fitness progress, data corruption, or personal injury resulting from improper use of tracking insights.

8. Governing Law and Dispute Resolution

These Terms and any disputes arising out of them shall be governed by and construed in accordance with the laws of the jurisdiction in which MicAI Software Limited is incorporated, without regard to conflict of law principles.

Any legal dispute, controversy, or claim arising under these Terms shall be resolved via binding, individual arbitration rather than a court trial, and you explicitly waive your right to participate in any collective class action or representative legal proceedings against MicAI Software Limited.

9. Changes to These Terms

We reserve the right to modify or replace these Terms at any time. When material adjustments are made, we will provide notice by updating the "Effective Date" at the top of this document or via a prominent notification banner inside the NexFit app. Continued use of the Service following these updates indicates your formal acceptance of the modified Terms.

10. Contact Us

If you have questions regarding these Terms or need technical assistance with your subscription, please contact us:

MicAI Software Limited

Email: support@mic-ai.com