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 services (collectively, the "Service").

By creating an account or otherwise using the Service, you agree to these Terms and to our Privacy Policy and Consumer Health Data Privacy Policy. 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, content, text, photos, files, or other materials you submit to or through the Service, including without limitation food entries, workouts, body measurements, and chat messages with the in-app AI assistant.

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 will be required to provide certain information as prompted by the registration forms. You represent that:
  • The information provided is accurate, current, and complete information during registration and you will keep information updated.
  • You will maintain the confidentiality and security of your Account credentials and for all activity that occurs under your Account.
• Your Account should be yours – don't use the Services under the name of another person with the intent to impersonate that person, or use a username that is subject to the rights of another person without appropriate authorization. You must be a human to use the Services and an automated account is not allowed. This policy also applies beyond Account creation to the general use of the Services. "Robot" (or automatic) activity is not allowed.
• You may have only one personal Account. Creating multiple Accounts to circumvent restrictions, free trials, or other limits is expressly prohibited.
• We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading, or to reclaim any username that you create through the Services that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account. You agree to immediately notify the Company at support@refactorfitness.app of any unauthorized use, or suspected unauthorized use of the Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from any use of Customer's Account or the failure to comply with the above requirements.

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 access to AI features or certain other Service 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 per month (monthly plan) or 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 billing cycle. 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.
• Taxes. Subscription prices are exclusive of applicable taxes. You are responsible for any additional taxes imposed on your purchase.

6. Acceptable Use

You expressly 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.
• Engage in any conduct related to or through the use of the Service that would be a violation of any applicable law, regulation, or obligations or restrictions imposed by any third party.
• 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.
• Harvest, collect, gather or use information or data regarding its users, without their consent.
• Attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means.
• Introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services.
• 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.
• Engage in any conduct in connection with the Services that is harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way.

This list is an example and is not intended to be complete or exhaustive. The Company does not have an obligation to monitor Customer's use of the Services but reserves the right to do so for the purpose of operating the Services, to ensure Customer's compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. The Company reserves the right, at any time and without prior notice, to remove or disable access to any content that the Company considers, in its sole discretion, to be in violation of these Terms or otherwise harmful to the Services.

7. Your Data and User Content

For purposes of these Terms: (i) "Data" means text, graphics, images, software, audio, video, works of authorship of any kind, and any information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) any Data that Customer provides to be made available through the Services.

You are responsible for the Data that you post to the Services, including its legality, reliability, and appropriateness. By posting Data to the Services, you grant us a non-exclusive, transferable, sublicenseable, worldwide, royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Data on and through the Services.

You expressly represent and warrant that: (i) the Data is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of the Data on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Our Services allow you to generate outputs derived from your Data ("Output"). We do not claim ownership in any of the Outputs. We assign to you all of our right, title and interest, if any, in and to the Output. Notwithstanding the foregoing, due to the nature of the actual services and the continuous evolution of artificial intelligence, Outputs may not be unique in nature and other users may also receive similar Outputs from our Services. Further, we do not make any representations or warranties concerning the Outputs derived from our Services and your Data and it is at your sole discretion to evaluate the Outputs for your purposes.

We do not claim any ownership rights in any Data that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own Data. However, you grant us irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, modify, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Data, and to grant sublicenses of the foregoing, for the purposes of (a) to host, store, reproduce, transmit, display, and process your User Data 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) (b) personalizing the service and (c) creating and using aggregated and anonymized data from User Data for analytical purposes and to improve the Services and for the Company's other business purposes, including the Company's development of additional features, services, marketing and sales of other services or products.

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

You may export or delete your Data 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, fasting, and other wellness activities involve inherent risks, including the risk of physical injury, illness, adverse health effects, 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), have cardiovascular, metabolic, or musculoskeletal conditions, 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.
• Any information or recommendation provided through the Service is for general informational purposes only and should not be relied upon as a substitute for professional medical, nutritional, fitness, or mental health advice.
• The Service does not monitor users in real time, provide supervised training, or evaluate exercise form or technique. Improper exercise technique or inappropriate physical activity may result in injury.
• You are solely responsible for evaluating whether any workout, nutrition plan, fasting protocol, recommendation, or other content is appropriate for you.
• 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.

Refactor Fitness is not responsible for any health outcomes, injuries, illnesses, or adverse effects resulting from decisions you make based on information provided by, calculated by, suggested by, or tracked within the app. You use the app and make fitness, nutrition, and lifestyle decisions completely at your own risk.

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 our AI features & your data FAQ. 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.

Spot may generate AI Outputs which are generated probabilistically and may contain errors, inaccuracies, omissions, outdated information, or misleading conclusions, including incorrect health, nutrition, fitness, or behavioral inferences. AI Outputs may also vary between users and over time and may not be consistent or reproducible.

The Service may also generate predictions, estimates, or inferences based on information you provide or activity data associated with your account. Such inferences may not accurately reflect your actual health status, fitness level, caloric needs, medical condition, or personal circumstances.

AI Outputs are provided for general informational and wellness purposes only and are not guaranteed to be accurate, complete, reliable, clinically validated, personalized, or suitable for your individual circumstances. You should independently evaluate all AI Outputs and use your own judgment before acting on any recommendation, workout, nutrition guidance, fasting protocol, or other content generated by the Service.

If you have food allergies, sensitivities, intolerances, or religious or medical dietary restrictions, you must independently verify all ingredients and preparation steps before consuming any AI-suggested meal. AI suggestions may not account for cross-contamination, formulation changes, regional ingredient differences, or incomplete database entries. Allergens, including but not limited to peanuts, tree nuts, dairy, eggs, soy, wheat, gluten, fish, and shellfish, may be present, mislabeled, or omitted from any AI output.

You should not rely on the Service for medical decisions, diagnosis, treatment, emergency care, or the prevention of any disease or health condition. Always seek the advice of a qualified healthcare professional regarding any medical or health-related questions.

To the maximum extent permitted by law, the Company disclaims liability arising from reliance on AI Outputs, including any injury, loss, harm, or damages resulting from inaccurate, incomplete, or inappropriate recommendations, predictions, or inferences generated by the Service.

10. Intellectual Property

Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services and related content, materials, software, text, graphics, designs, interfaces, and other materials made available through the Services ("Company Content") solely for your personal, non-commercial use.

As between you and the Company, the Services and all Company Content, including all associated intellectual property rights, are owned by the Company or its licensors and are protected by applicable copyright, trademark, patent, trade secret, and other laws. Except for the limited license expressly granted in these Terms, no rights, title, or interest in the Services or Company Content are transferred to you, and all rights not expressly granted are reserved.

You may not, and may not permit any third party to:

• copy, reproduce, distribute, publicly display, publicly perform, publish, transmit, or create derivative works from the Services or Company Content;
• modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying ideas from the Services;
• sell, license, rent, lease, sublicense, assign, or otherwise commercially exploit the Services or Company Content;
• use the Services to build or support a competing product or service;
• remove, alter, or obscure any proprietary notices or labels; or
• use the Services or Company Content in violation of applicable law or these Terms.

Any updates, enhancements, or new features made available as part of the Services will be subject to these Terms.

No rights are granted to use the Services or Company Content for model training, scraping, automated extraction, or development of machine learning systems without prior written consent.

You are solely responsible for ensuring that any content, materials, or information you submit to the Services does not infringe or violate any third-party intellectual property or other rights.

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).

ACCESS TO, AND USE OF, THE SERVICES ARE AT CUSTOMER'S OWN DISCRETION AND RISK, AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

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; (d) your User content or Data; (e) Customer's violation of applicable laws; or (f) any claim that your User Data caused damage to any third party. 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. The foregoing will also apply to actions occurring through your Account, whether or not you had knowledge of the actions.

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. Customer agrees not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify Customer of any such claim, action or proceeding upon becoming aware of it.

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, 9, 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. Links and Advertisements of Third Party Websites or Resources

The Services may contain links to or advertisements of third-party websites (that are not affiliated with you or other Users) or resources. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

19. 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.

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, 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, 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.
• Electronic Communications. The communications between Customer and the Company use electronic means, including email, any live chat feature or messaging on the Site, and or posting and notifications to the Account. For contractual purposes, Customer (a) consents to receive communications from the Company in electronic form and (b) agrees that all terms and conditions, Terms, notices, disclosures, and other communications that the Company provides to Customer electronically satisfies any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect Customer's non-waivable rights.
• 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. 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.

23. 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