These Terms of Service (“Terms”) are a legal agreement between you and ApexAI (“we”, “us”, “our”). They govern your access to and use of the ApexAI mobile application, website, and related services (together, the “Service”).
By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 16 years old to use the Service. If you are under 18, you must have permission from a parent or legal guardian. By using the Service, you represent that you meet these requirements.
2. Your account
You are responsible for maintaining the security of your account credentials. You agree to notify us immediately if you suspect unauthorized access. We are not liable for losses caused by unauthorized use of your account that result from your failure to safeguard your credentials.
3. Not medical advice
ApexAI provides general fitness, nutrition, and recovery guidance. It is not a substitute for professional medical advice, diagnosis, or treatment.
- Consult a qualified healthcare professional before starting any exercise or nutrition program
- If you have a medical condition, are pregnant, are recovering from injury, or are under 18, seek medical clearance first
- Stop exercising immediately if you experience pain, dizziness, or other warning signs
- AI-generated recommendations are based on the data you provide and may not account for conditions you have not disclosed
You exercise and follow nutrition guidance at your own risk. ApexAI is not liable for any injury, illness, or adverse outcome resulting from following AI-generated recommendations.
4. Subscriptions and billing
4.1 Plans and pricing
ApexAI offers Free, Pro, and Premium plans. Pricing is displayed in the app and on the website. We may change pricing with at least 30 days' notice; existing subscribers keep their current rate until the end of their billing period.
4.2 Billing
Paid plans are billed monthly or annually in advance through the Apple App Store or Google Play Store. Your subscription auto-renews unless canceled at least 24 hours before the end of the current billing period.
4.3 Cancellation
You can cancel your subscription at any time from the app or through your App Store or Google Play settings. After cancellation, you retain access to paid features until the end of the current billing period, then revert to the Free plan.
4.4 Refunds
Refunds are handled by Apple and Google per their respective policies. We do not process refunds directly. If you believe you were charged in error, contact your app store.
5. Free trial
New users may be eligible for a 7-day free trial of the Pro plan. You will not be charged during the trial period. If you do not cancel before the trial ends, your paid subscription begins automatically. Only one free trial per user.
6. Acceptable use
You agree not to:
- Use the Service for any unlawful purpose
- Attempt to reverse-engineer, decompile, or extract source code from the app
- Abuse, overload, or interfere with the Service or its infrastructure
- Share your account credentials with others or allow others to access your account
- Use automated scripts, bots, or scrapers against the Service
- Attempt to access another user's data or account
- Use the AI coach to generate content that is harmful, abusive, or illegal
We may suspend or terminate accounts that violate these rules without prior notice.
7. Your content and data
You retain full ownership of all data you provide to ApexAI — workout logs, metrics, chat messages, goals, and profile information. You grant us a limited, non-exclusive, worldwide license to use this data solely to:
- Operate and deliver the Service to you
- Generate personalized AI recommendations
- Improve the Service using aggregated, anonymized insights
This license ends when you delete your account. You can export all your data at any time from Settings → Account → Export Data. See our Privacy Policy for full details on how we handle your data.
8. AI-generated content
Training programs, nutrition recommendations, recovery guidance, coaching responses, plateau diagnoses, and goal suggestions are generated by artificial intelligence (currently OpenAI GPT-4o and Anthropic Claude models).
- AI-generated content is provided on an “as-is” basis
- While we design prompts and systems to produce helpful, accurate output, AI can and does make mistakes
- You are responsible for evaluating recommendations before acting on them
- AI output should not be treated as professional medical, nutritional, or athletic advice
We continually improve our AI systems but do not guarantee the accuracy, completeness, or safety of any AI-generated content.
9. Intellectual property
The Service — including all software, design, branding, AI prompt architecture, visual assets, and written content — is owned by ApexAI and protected by copyright, trademark, and other intellectual-property laws. You may not copy, modify, distribute, sell, or create derivative works from any part of the Service without our written permission.
“ApexAI” and the ApexAI logo are trademarks of ApexAI. You may not use them without our prior written consent.
10. Third-party services
The Service integrates with third-party providers for AI processing, analytics, and payment handling. These providers have their own terms and privacy policies:
- OpenAI (AI model provider)
- Anthropic (AI model provider)
- Apple App Store / Google Play Store (billing and distribution)
- Vercel (hosting and analytics)
We are not responsible for the practices or policies of third-party services.
11. Termination
By you: you can stop using ApexAI and delete your account at any time from Settings → Account → Delete Account. All personal data will be permanently removed within 30 days.
By us: we may suspend or terminate your account if you violate these Terms, engage in harmful behavior, or if required by law. We will provide notice unless immediate action is necessary to protect the Service or other users.
Sections 3 (Not medical advice), 9 (Intellectual property), 12 (Disclaimers), and 13 (Limitation of liability) survive termination.
12. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components. We do not guarantee any specific fitness, health, or performance outcomes.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, APEXAI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
14. Indemnification
You agree to indemnify and hold harmless ApexAI from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.
15. Governing law and disputes
These Terms are governed by the laws of the jurisdiction in which ApexAI is incorporated, without regard to conflict-of-law principles. Any dispute arising from these Terms will be resolved through good-faith negotiation first. If negotiation fails, disputes will be resolved through binding arbitration under the rules of the applicable arbitration body in our jurisdiction, except where prohibited by law.
16. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated via the app (in-app notification) and on the website at least 30 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, stop using the Service and delete your account.
17. Entire agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and ApexAI regarding the Service. They supersede any prior agreements or understandings.
18. Contact
Questions about these Terms? Contact us:
- Legal: legal@apexai.fitness
- General support: support@apexai.fitness