Draft — pending legal review. This document is provided for information only and is not legal advice.
These Terms of Service ("Terms") govern your use of the PHYZIK mobile application, the phyzik.app website, and related services (together, the "Services"), operated by Physique Technologies LLC ("PHYZIK," "we," "us," or "our"). By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Eligibility
You must be at least 13 years old to use the App. If you are between 13 and 17, you must have parental or guardian consent. Purchasing physical goods through PHYZIK Shop requires you to be at least 18 years old (or the age of majority where you live). By creating an account, you represent that you meet these requirements.
Account responsibilities
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate and complete information when creating your account, and you agree to notify us immediately of any unauthorized use of your account.
PHYZIK Pro subscription
PHYZIK offers a free tier and a single paid subscription, PHYZIK Pro, available on a monthly or annual basis. PHYZIK Pro unlocks the premium features described at the point of purchase. Subscriptions purchased through the Apple App Store or Google Play are billed through your Apple or Google account and are subject to that platform's terms; web subscriptions are billed through our payment processor, Stripe.
Subscriptions automatically renew for the same period unless cancelled at least 24 hours before the end of the current period. You can manage or cancel your subscription through your App Store or Google Play account settings, or — for web subscriptions — through your account billing page. Except where required by law or platform policy, payments are non-refundable and we do not provide refunds or credits for partial periods. Prices may change; we will give notice of price changes as required, and continued use after a change takes effect constitutes acceptance of the new price.
PHYZIK Shop marketplace
The App includes PHYZIK Shop, a marketplace where independent brands offer physical goods. Purchases made through PHYZIK Shop are governed by our Terms of Sale and Returns & Refunds Policy. The independent brand is the seller of record for each product; PHYZIK facilitates the marketplace and processes payments through Stripe. Please review the Terms of Sale before making a purchase.
Acceptable use
You agree not to use the Services to post content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable. You may not post content that contains nudity, sexually explicit material, or content that sexualizes minors in any way. You may not impersonate any person or entity, harass or intimidate other users, interfere with the Services or their servers, attempt to access other users' accounts, use the Services for unauthorized commercial purposes, upload malicious code, scrape or systematically extract content, or create multiple accounts to circumvent restrictions.
Community guidelines
PHYZIK is a training community. Content should relate to fitness, training, and athletic performance. We reserve the right to remove content and suspend accounts that violate our community standards, including content containing profanity, hate speech, harassment, spam, or content that promotes dangerous training practices or substance abuse.
User content
You retain ownership of content you post to the Services (photos, workout data, comments, messages). By posting content, you grant us a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, display, and distribute your content within the Services and for promotional purposes such as featuring workout share cards in marketing materials. You can revoke this license by deleting your content or account, except to the extent it has already been shared with others or used in materials already distributed.
You are solely responsible for the content you post and represent that you have the right to post it. Content that infringes the intellectual property, publicity, or privacy rights of others is prohibited.
Messaging and reporting
The App includes direct messaging and social-interaction features. You may report messages or content that violate these Terms using the in-app reporting tools. We review reports and may take action including content removal, warnings, or account suspension. We are not obligated to monitor all user communications but reserve the right to do so.
Workout, fitness, and nutrition information
The Services provide workout programming, progressive-overload calculations, body-weight and nutrition analytics, performance scoring, and related information for informational and educational purposes only. This is not medical, dietary, or professional health advice. Consult a qualified healthcare professional before beginning any exercise or nutrition program. We are not responsible for injuries or health outcomes resulting from your use of the Services, and you assume all risk associated with workout programs, exercise recommendations, nutrition tracking, and analytics provided by the Services.
Intellectual property
The Services, including their design, code, features, exercise library, algorithms, and the PHYZIK brand, are the intellectual property of Physique Technologies LLC. You may not copy, modify, distribute, reverse engineer, or create derivative works from any part of the Services without our written consent.
Account deletion
You may delete your account at any time through the App settings. Upon deletion, your personal data — including workout history, nutrition logs, posts, messages, photos, and profile information — will be permanently removed within 30 days. Certain order, transaction, and audit records may be retained where required for legal, tax, or fraud-prevention purposes, and some anonymized aggregate data may be retained.
Termination
We may suspend or terminate your account at any time for violation of these Terms, our community guidelines, or for any reason at our discretion, with or without notice. Upon termination, your right to use the Services ceases immediately.
Disclaimer of warranties
The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. Products sold through PHYZIK Shop are warranted, if at all, by the independent brand selling them and not by PHYZIK.
Limitation of liability
To the maximum extent permitted by law, Physique Technologies LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services, including but not limited to physical injury, data loss, or loss of profits. Our total liability for any claim arising out of or relating to the Services shall not exceed the amount you paid to us in the twelve months preceding the claim, or USD $50, whichever is greater.
Indemnification
You agree to indemnify and hold harmless Physique Technologies LLC and its officers, employees, and agents from any claims, damages, or expenses arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.
Governing law
These Terms are governed by the laws of [Governing law: State of __], without regard to conflict-of-law principles. Any disputes shall be resolved in the state or federal courts located in [venue: __], and you consent to the personal jurisdiction of those courts.
Changes to these Terms
We may update these Terms from time to time. We will notify you of material changes through the Services or via email. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
Contact us
Physique Technologies LLC
admin@phyzik.app
