Terms of Use

These Terms of Use ("Terms") form a binding agreement between you and BOGERT CSN 443, LLC, a Washington limited liability company doing business as Refactor Fitness ("Refactor Fitness", "we", "us", "our"). They govern your use of the Refactor Fitness mobile application, web application, and related websites and services (collectively, the "Service").

By creating an account or otherwise using the Service, you agree to these Terms and to our Privacy Policy, Consumer Health Data Privacy Policy, and Health Disclaimer. If you do not agree, do not use the Service.

1. Acceptance of Terms

By accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an entity, you represent that you have authority to bind that entity to these Terms. If you do not agree to these Terms, do not access or use the Service.

2. Definitions

• "Account" means your registered user account on the Service.
• "App Stores" means the Apple App Store, Google Play, and any other distribution platform through which the Service is made available.
• "Pro" means the paid subscription tier of the Service.
• "User Content" means data, text, files, or other materials you submit to or through the Service, including food entries, workouts, body measurements, and chat messages with the in-app AI assistant. Meal-scan photos that you submit for AI macro estimation are processed transiently (see Consumer Health Data Privacy Policy §1A) and are not retained as User Content after analysis. Refactor Fitness does not collect or store body, progress, personal-record, or measurement photos.

3. Eligibility and Account Registration

• You must be at least eighteen (18) years of age to create an Account or use the Service. The Service is not directed to, and may not be used by, anyone under 18.
• You must provide accurate, current, and complete information during registration and keep your information updated.
• You are responsible for maintaining the confidentiality and security of your Account credentials and for all activity that occurs under your Account.
• You agree to notify us promptly at support@refactorfitness.app if you suspect unauthorized use of your Account.
• You may have only one personal Account. Creating multiple Accounts to circumvent restrictions, free trials, or other limits is prohibited.

4. Free Tier and Pro Subscription

The Service is offered in two tiers:

• Free tier: Includes manual logging of nutrition, workouts, and body measurements. The free tier does not include AI features.
• Pro tier: A paid auto-renewing subscription that includes the AI assistant ("Spot"), AI-generated workout plans and meal suggestions, advanced progress tracking, and other features identified at the in-app paywall.

5. Subscription Terms, Auto-Renewal, and Billing

If you subscribe to Pro, the following terms apply:

• Pricing. Pro is offered at $14.99 per month (monthly plan) or $119.99 per year (annual plan), in U.S. dollars, plus any applicable taxes. The price for your subscription is shown at the in-app paywall before you confirm purchase.
• Free trial. Eligible new users may receive a fourteen (14) day free trial of Pro. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription at the price displayed at signup, and you will be charged. One free trial per user.
• Automatic renewal. Your Pro subscription automatically renews at the end of each billing period (monthly or annual) at the then-current price unless you cancel at least 24 hours before the end of the current period. By subscribing, you authorize the App Store to charge your payment method on a recurring basis until you cancel.
• Billing. Subscriptions purchased through the Apple App Store are billed by Apple and governed by your Apple Media Services Terms. Subscriptions purchased through Google Play are billed by Google and governed by your Google Play Terms of Service.
• How to cancel. You can cancel at any time through your App Store account: iOS: Settings > [your name] > Subscriptions > Refactor Fitness; Android: Google Play app > profile icon > Payments & subscriptions > Subscriptions > Refactor Fitness. Cancellation takes effect at the end of your current billing period; you will continue to have Pro access until that period ends.
• Refunds. All sales are final except as required by law or by the applicable App Store's refund policy. Refund requests are handled by Apple or Google according to their policies (Apple: reportaproblem.apple.com; Google: Google Play refund policy). We do not directly process refunds for App Store purchases.
• Price changes. We may change the subscription price from time to time. We will give you at least seven (7) days' advance notice of any price increase by email or in-app notification, and the new price will take effect at your next renewal. Apple and Google may require you to affirmatively consent to certain price increases before continuing your subscription; if you do not consent, your subscription will not renew at the higher price.
• Taxes. Subscription prices are exclusive of applicable taxes. You are responsible for any taxes imposed on your purchase.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to the Service, other users' accounts, or our systems or networks.
• Interfere with, disrupt, or impose an unreasonable load on the Service or its infrastructure.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent applicable law expressly permits.
• Use any robot, scraper, or other automated means to access the Service or extract data from it.
• Upload malicious content, viruses, or any code intended to harm the Service or its users.
• Create multiple Accounts to circumvent restrictions, trial limits, or rate limits.
• Resell, sublicense, or commercially exploit the Service or any of its content, except with our prior written consent.
• Use the Service to harass, threaten, or harm any other person, or to share content that is unlawful, defamatory, or infringing.

7. Your Data and User Content

You retain all ownership rights in your User Content. By submitting User Content to the Service, you grant Refactor Fitness a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, and process your User Content solely as necessary to provide the Service to you (including syncing across your devices, generating personalized AI suggestions when you have enabled AI features, and operating the Service's features). This license is limited to the purposes described in our Privacy Policy and ends when you delete your User Content or your Account, except as needed to comply with law or to retain de-identified or aggregate data.

We do not sell your User Content, use it for advertising, or share it for cross-context behavioral advertising. We do not use your User Content to train any artificial intelligence model.

You may export or delete your User Content at any time through the Service. Deletion is described in our Privacy Policy and Consumer Health Data Privacy Policy.

8. Health, Fitness, and Assumption of Risk

Exercise, dietary changes, and fasting carry inherent risks, including risk of physical injury, illness, or, in rare cases, death. By using the Service, you acknowledge and agree that:

• You are voluntarily participating in fitness and nutrition activities and assume all risk of injury, illness, or other harm that may result.
• You should consult a qualified healthcare professional, physician, or registered dietitian before beginning any new diet, exercise, or fasting program, particularly if you have a pre-existing medical condition, take prescription medication (including, without limitation, insulin or sulfonylureas), are pregnant or breastfeeding, or have a history of disordered eating.
• The Service includes AI-generated workout suggestions, meal suggestions, calorie and macro targets, and other recommendations. These outputs are produced by artificial intelligence and are not reviewed by a healthcare professional, registered dietitian, or certified trainer. They may be inaccurate or unsuitable for your individual circumstances.
• The Service does not provide real-time form guidance and cannot supervise your exercise technique. Improper exercise technique can result in injury.
• You are solely responsible for evaluating, and bear all risk associated with, the use of any information or recommendation provided by the Service.
• You should stop using the Service and seek medical attention immediately if you experience pain, dizziness, shortness of breath, or any other symptom that concerns you.

See our full Health Disclaimer for additional information.

9. AI Features

AI Features (including the in-app AI assistant Spot, AI workout generation, daily briefings, and meal photo analysis) are off by default and require your separate opt-in consent before any data is sent for AI processing. See AI Data Sharing Consent. You may withdraw AI consent at any time in Profile > Settings > AI Feature Consent. AI outputs are recommendations only and require your explicit confirmation before they take effect on your Account.

10. Intellectual Property

The Service, including its design, code, logos, text, graphics, and content (excluding User Content), is owned by Refactor Fitness and its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. All rights not expressly granted are reserved.

You may not copy, modify, create derivative works of, distribute, publicly display, sell, or reverse-engineer any part of the Service.

11. Copyright Infringement (DMCA)

If you believe content on the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (17 U.S.C. § 512) to our designated agent:

DMCA Designated Agent
BOGERT CSN 443, LLC d/b/a Refactor Fitness
7511 Greenwood Ave N #514
Seattle, WA 98103
Email: dmca@refactorfitness.app
U.S. Copyright Office Service Provider ID: 281R17V1

Your notice must include: (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material claimed to be infringing and information sufficient for us to locate it; (4) your contact information; (5) a statement that you have a good-faith belief that the use is not authorized; and (6) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on behalf of the owner. We may terminate the Accounts of users who are repeat infringers.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

WE MAKE NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY NUTRITION DATA, WORKOUT RECOMMENDATION, AI-GENERATED OUTPUT, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REFACTOR FITNESS, ITS AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US (THROUGH THE APPLICABLE APP STORE) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

14. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Refactor Fitness, its affiliates, and its officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your unlawful use or misuse of the Service; (b) your material breach of these Terms; (c) your infringement or violation of the intellectual property, privacy, publicity, or other rights of any third party; or (d) your User Content. This Section does not require you to indemnify Refactor Fitness for losses caused by Refactor Fitness's own gross negligence, willful misconduct, or violations of law, including any harm caused by AI-generated outputs produced by the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

15. Termination

You may delete your Account at any time through Profile > Settings > Delete Account. We may suspend or terminate your Account, with or without notice, if we reasonably believe you have violated these Terms or applicable law, or if continued provision of the Service to you would expose us or other users to harm or legal risk.

If we terminate your Account for cause (i.e., for violation of these Terms), you will not receive a refund of any unused subscription period. If we terminate your Account other than for cause, refund requests must be made through the applicable App Store; we have no direct refund obligation. The Sections of these Terms that by their nature should survive termination (including Sections 7, 8, 10, 12, 13, 14, 18, 20, and 21) will survive.

16. Apple App Store Terms (iOS Users)

If you obtained the Service from the Apple App Store, the following additional terms apply, as required by Apple. The Apple Licensed Application End User License Agreement ("Apple Standard EULA," available at apple.com/legal/internet-services/itunes/dev/stdeula) governs your use of the iOS app. To the extent these Terms conflict with the Apple Standard EULA on a matter that the Apple Standard EULA addresses for iOS users, the Apple Standard EULA controls.

You acknowledge and agree:

• (a) These Terms are between you and Refactor Fitness only, not with Apple. Apple is not responsible for the Service or its content.
• (b) Apple has no obligation to provide any maintenance or support services for the Service.
• (c) In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS app. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the Service.
• (d) Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the Service, including: (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.
• (e) 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, Refactor Fitness, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• (f) You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• (g) Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17. Google Play Terms (Android Users)

If you obtained the Service from Google Play, your use is also subject to Google's Terms of Service, including the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the Service or for any subscription billing through Google Play except as set forth in Google's terms.

18. Governing Law and Venue

These Terms are governed by and construed under the laws of the State of Washington, U.S.A., without regard to its conflict-of-laws rules. Subject to Section 20 (arbitration), the exclusive jurisdiction and venue for any dispute that is not subject to arbitration is the state and federal courts located in King County, Washington, and you consent to the personal jurisdiction of those courts.

19. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by email, update the version number and effective date above, and ask for your renewed consent before the updated Terms apply to you. Non-material clarifications may be made without re-consent. If you do not agree to a material change, you must stop using the Service and may delete your Account; existing arbitration opt-outs (Section 20.5) remain in effect, and you will receive a fresh thirty (30) day opt-out window for any new or materially changed arbitration provisions.

20. Dispute Resolution; Binding Arbitration; Class Action Waiver

Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court.

20.1 Informal Resolution

Before filing a claim, you and Refactor Fitness agree to try to resolve the dispute informally. You agree to send a written notice of dispute to legal@refactorfitness.app describing the nature and basis of the claim and the relief sought. We will likewise send any notice of dispute to the email address associated with your Account. The parties will attempt in good faith to resolve the dispute within thirty (30) days after the notice is received. If the dispute is not resolved within that period, either party may proceed to arbitration.

20.2 Binding Individual Arbitration

Except as provided in Section 20.4 (Exceptions), any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at adr.org), as modified by these Terms. The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any Dispute, including any claim that all or part of these Terms is void or voidable. The arbitration will be conducted in English. Unless you and Refactor Fitness agree otherwise, any in-person hearing will take place in King County, Washington, or, at your election if you reside in the U.S., in the county where you live; many AAA arbitrations are conducted by video or by submission only. The arbitrator's decision will be final and binding, and judgment on the arbitrator's award may be entered in any court of competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this Section.

20.3 Class Action Waiver

YOU AND REFACTOR FITNESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court decides that this class action waiver is unenforceable as to any particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed from arbitration and may proceed in court, while all other claims will continue in arbitration.

20.4 Exceptions

Notwithstanding Section 20.2, either party may: (a) bring an individual action in small claims court so long as the action remains in that court and proceeds on an individual (non-class) basis; or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. In addition, nothing in this Section 20 prevents you from seeking public injunctive relief in a court of competent jurisdiction where such relief cannot lawfully be waived.

20.5 Right to Opt Out of Arbitration

You have the right to opt out of this Section 20 (Dispute Resolution; Binding Arbitration; Class Action Waiver). To opt out, you must send written notice of your decision to opt out to legal@refactorfitness.app, with the subject line "Arbitration Opt-Out," within thirty (30) days after the date you first accepted these Terms. Your notice must include your name, the email address associated with your Account, and a clear statement that you wish to opt out of arbitration. If you opt out timely, neither party will be bound by Section 20.2 or 20.3, but all other Sections will remain in full force.

20.6 Costs and Fees

Payment of arbitration filing fees, administrative fees, and arbitrator fees is governed by the AAA Consumer Arbitration Rules. Consistent with those Rules, you will be responsible only for the consumer's portion of the filing fee (currently capped by AAA at $200 for individual consumer claims), and Refactor Fitness will pay all remaining AAA filing, administrative, and arbitrator fees. If you are unable to pay even the consumer's portion, you may apply to the AAA for a fee waiver, and we will not oppose any such application. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

20.7 Survival

This Section 20 will survive termination of these Terms or your Account.

21. General Provisions

• Entire Agreement. These Terms, together with the Privacy Policy, Consumer Health Data Privacy Policy, Health Disclaimer, AI Data Sharing Consent, and any other agreement you accept in connection with the Service, constitute the entire agreement between you and Refactor Fitness regarding the Service and supersede any prior agreements.
• Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force.
• No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets, or to an affiliate.
• Force Majeure. We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, network or infrastructure failures, or pandemic.
• Notices. We may provide notices to you by email, in-app notification, or by posting on the Service. You consent to receiving electronic communications from us in lieu of paper notices.
• Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
• Relationship. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and Refactor Fitness.

22. Contact Us

For questions about these Terms:

BOGERT CSN 443, LLC d/b/a Refactor Fitness
7511 Greenwood Ave N #514
Seattle, WA 98103
General: support@refactorfitness.app
Legal / arbitration: legal@refactorfitness.app
Privacy: privacy@refactorfitness.app
DMCA: dmca@refactorfitness.app