Terms of Service

1. Scope

These Terms of Service govern your use of the Fimobo mobile applications (iOS and Android), the website fimobo.com, and all related services, features, and content (collectively, the "Service"). The Service is operated by tupevo S.àr.l.-S, 12, Rue du Château d'Eau, L-3364 Leudelange, Luxembourg (RCS Luxembourg B306404, VAT LU37375443) ("we", "us", "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

2. Eligibility and Account Registration

You must be at least 16 years of age to create an account and use the Service. By registering, you represent that you meet this age requirement.

• You are responsible for maintaining the confidentiality of your login credentials
• You are responsible for all activities that occur under your account
• You agree to provide accurate and complete registration information
• You must notify us immediately of any unauthorised use of your account

3. Description of the Service

Fimobo is a fitness and nutrition application that provides workout tracking, nutrition logging, AI-powered coaching, health data integration, and related wellness features. The Service is available through mobile applications distributed via the Apple App Store and Google Play Store, as well as companion experiences on smartwatches, tablets, and TV devices.

4. Subscription Plans

Available Plans

• Free: Basic tracking features at no cost
• Premium: Advanced features including unlimited tracking, recipe builder, and AI meal suggestions
• Pro: Everything in Premium plus AI personal coach, voice logging, health integrations, and family accounts

Billing

Subscription pricing is as displayed in the respective app store at the time of purchase. Subscriptions auto-renew unless cancelled at least 24 hours before the end of the current billing period. You may cancel your subscription at any time through your app store account settings. Refunds are subject to the refund policies of the Apple App Store or Google Play Store, as applicable.

5. Acceptable Use

You agree not to:

• Reverse engineer, decompile, or disassemble the Service
• Scrape, crawl, or otherwise extract data from the Service using automated means
• Impersonate any person or entity, or misrepresent your affiliation
• Use the Service for any unlawful purpose or in violation of any applicable laws
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorised access to any part of the Service
• Upload or transmit viruses, malware, or other harmful code

6. Intellectual Property

All content within the Service -- including text, graphics, logos, trademarks, images, software, and code -- is the property of tupevo S.àr.l.-S or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any part of the Service without our prior written consent.

Your workout data, nutrition logs, and other user-generated content remain your property. By using the Service, you grant us a limited, non-exclusive licence to process your data solely for the purpose of providing and improving the Service.

7. Health and Fitness Disclaimer

The Service is not a substitute for professional medical advice, diagnosis, or treatment. Fimobo provides fitness tracking, nutrition information, and AI-powered coaching for informational and educational purposes only. You should always consult a qualified healthcare professional before starting any exercise programme, making dietary changes, or if you have concerns about your health.

AI coaching recommendations are generated by automated systems and should not be considered medical advice. We are not liable for any injuries, health complications, or adverse effects sustained during workouts or resulting from following any information provided through the Service. You use the Service and follow any guidance at your own risk.

8. Links to Third Parties

The Service may contain links to external websites or services operated by third parties, including the Apple App Store, Google Play Store, and third-party data sources. These links are provided for your convenience. tupevo S.àr.l.-S has no control over the content of linked third-party websites and assumes no responsibility or liability for their content, privacy practices, or availability.

9. Disclaimer of Warranties

The Service and its content are provided "as is" and "as available" without warranties of any kind, whether express or implied. tupevo S.àr.l.-S does not warrant that the Service will be uninterrupted, error-free, or free from harmful components. While we strive to ensure the accuracy of the information presented, including nutritional data and exercise guidance, we make no guarantees regarding its completeness, accuracy, or currency.

10. Limitation of Liability

To the fullest extent permitted by applicable law, tupevo S.àr.l.-S shall not be liable for any indirect, incidental, consequential, or special damages arising from or in connection with your use of the Service. This includes, without limitation, damages for loss of profits, data, or other intangible losses, even if tupevo S.àr.l.-S has been advised of the possibility of such damages.

In no event shall our aggregate liability for all claims arising from or relating to the Service exceed the total amount you paid for the Service in the twelve (12) months preceding the event giving rise to the claim. tupevo S.àr.l.-S bears no liability for injuries sustained during exercise or for health outcomes resulting from the use of the Service.

11. Account Termination

• We may suspend or terminate your account if you violate these Terms or engage in conduct that we determine, in our sole discretion, to be harmful to other users, us, or third parties
• You may delete your account at any time through the app settings
• Upon termination, your right to use the Service ceases immediately
• Following account deletion, your personal data will be removed in accordance with our Privacy Policy, typically within 30 days

12. Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Luxembourg City, Luxembourg.

13. Changes to These Terms

We reserve the right to modify these Terms of Service at any time. We will notify you of material changes via the app or by email. The updated version will be indicated by the "Last updated" date at the top of this page. Your continued use of the Service after any changes constitutes acceptance of the revised Terms.

14. Contact

If you have any questions about these Terms, please contact us at: [email protected]