Terms of Service

These Terms of Service (“Terms”) are an agreement between you and Aeva LLC (“Aeva”, “we”, “us”, or “our”). They govern your use of the Exerly mobile application for iOS and Android (the “App”), the website at https://exerly.ai/, Exerly Premium subscriptions, and any related services we provide (together, the “Services”).

By creating an account, purchasing a subscription, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

Eligibility and Accounts

You must be at least 13 years old to use the Services. If you are under the age of majority where you live, you may use the Services only with the consent of a parent or legal guardian, who agrees to these Terms on your behalf.

You are responsible for the information you provide when you create an account, for keeping your sign-in credentials secure, and for all activity that occurs under your account. Please let us know promptly if you believe your account has been accessed without your permission.

Health and Fitness Disclaimer

Exerly provides general fitness information, workout plans, and training suggestions. Exerly is not a medical service and does not provide medical advice, diagnosis, or treatment. The Services are not a substitute for advice from a physician or other qualified health professional.

Consult a physician before starting any exercise program, particularly if you are pregnant, have a medical condition, are recovering from an injury, or take medication. Exercise involves a risk of injury. You are responsible for choosing weights and exercises that are appropriate for you, using proper form and equipment, and stopping immediately if you feel pain, dizziness, or shortness of breath. To the extent permitted by law, you participate in any exercise at your own risk.

Personalized and AI-Generated Content

Some features of the Services, such as workout plans, progression suggestions, and recovery insights, are generated automatically, including with the help of artificial intelligence, based on the information you provide and the workouts you log. This content may be incomplete, inaccurate, or unsuitable for you. Use your own judgment before acting on it, and do not rely on it as medical or professional advice.

Exerly Premium Subscriptions

Some features of the Services are available for free, and others require a paid Exerly Premium subscription. Exerly Premium is offered as an auto-renewable subscription on a monthly or annual basis. The price, billing period, and any free trial that applies are shown in the App before you confirm your purchase. Prices may vary by country and may include applicable taxes.

Subscriptions are purchased and billed through the app store you used to download the App (the Apple App Store or Google Play, each an “App Store”), using the payment method connected to your Apple ID or Google account. Your purchase is also subject to that App Store's terms and policies.

• Payment is charged to your App Store account when you confirm your purchase.
• Your subscription renews automatically at the end of each billing period at the then-current price, unless you cancel it at least 24 hours before the end of the current period.
• Your account is charged for renewal within 24 hours before the current period ends.
• You can manage or cancel your subscription at any time in your App Store account settings: on iOS, in Settings → your name → Subscriptions; on Android, in the Google Play Store → Payments & subscriptions → Subscriptions.
• Deleting the App or your Exerly account does not cancel your subscription. You must cancel it through your App Store account.
• If you cancel, you keep access to Exerly Premium until the end of the billing period you have already paid for. Cancellation takes effect at the end of that period.

Free Trials and Promotional Offers

We may offer free trials or introductory offers to eligible users. Unless you cancel at least 24 hours before the trial ends, a free trial automatically converts into a paid subscription, and you will be charged the subscription price shown at the time you started the trial. Any unused portion of a free trial is forfeited when you purchase a subscription. Trial eligibility is determined by the App Store and is generally limited to one trial per account.

From time to time we may also offer promotional pricing, referral rewards, or credits. These have no cash value, cannot be transferred or exchanged, and are subject to any additional terms presented with the offer. We may change or end any offer at any time, but changes will not affect a purchase you have already made.

Refunds

Because subscriptions are sold and processed by the App Stores, we cannot issue refunds directly. Refund requests are handled by the App Store under its policies:

• Apple App Store: reportaproblem.apple.com
• Google Play: Google Play refund policies

Except where required by law or by the App Store's policies, payments are non-refundable and we do not provide refunds or credits for partially used billing periods. Nothing in these Terms limits any rights you have under applicable consumer protection laws.

Changes to Prices and Features

We may change subscription prices. If we do, you will be notified in advance as required by the App Store and applicable law, and where your consent is required you will be asked to agree before the new price applies. We may also add, change, or remove features of the Services, including features available in the free version or in Exerly Premium.

Acceptable Use

When using the Services, you agree that you will not:

• modify, copy, prepare derivative works of, decompile, or reverse engineer the App or any other software or materials that are part of the Services, except to the extent the law allows this despite this restriction;
• remove any copyright or other proprietary notices from the Services;
• access the Services through automated means, scrape data from them, or interfere with or disrupt our servers, networks, or other users;
• attempt to bypass any subscription, payment, or usage limits, or resell or share access to Exerly Premium;
• use the Services to transmit or publish harassing, indecent, obscene, fraudulent, or unlawful material;
• use the Services to infringe the privacy, intellectual property, or other rights of anyone else; or
• use the Services in violation of any applicable law or regulation.

Your Content and Data

You own the workout data, notes, and other content you add to the Services (“Your Content”). You grant us a non-exclusive, worldwide, royalty-free license to host, store, process, and display Your Content only as needed to operate, improve, and provide the Services to you. How we collect and use personal information is described in our Privacy Policy.

If you connect Apple Health, Health Connect, or another third-party service, your use of that service is governed by its own terms, and we access its data only as permitted by you and described in our Privacy Policy. You can delete your Exerly account from within the App at any time. Deleting your account does not cancel an active subscription.

Intellectual Property and License

The Services, including the App, its software, design, text, graphics, exercise content, and the Exerly name and logo, are owned by or licensed to Aeva LLC and are protected by copyright, trademark, and other laws. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the App on devices you own or control, for your personal, non-commercial use.

This is a license, not a transfer of ownership. It ends automatically if you breach these Terms. If you send us feedback or suggestions, we may use them without any obligation to you.

Additional Terms for the Apple App Store

If you downloaded the App from the Apple App Store, the following also applies:

• These Terms are between you and Aeva LLC only, not Apple Inc. (“Apple”). Aeva LLC, not Apple, is solely responsible for the App and its content.
• Your license to use the App is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide any maintenance or support services for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the App, and any other claims, losses, liabilities, damages, costs, or expenses caused by a failure to conform to a warranty are Aeva LLC's responsibility, to the extent they are not disclaimed in these Terms.
• Aeva LLC, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy, or similar laws, including in connection with HealthKit.
• If a third party claims that the App or your possession and use of it infringes that party's intellectual property rights, Aeva LLC, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms when using the App.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis. To the extent permitted by law, Aeva LLC makes no warranties, expressed or implied, and disclaims all other warranties, including implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any fitness results will be achieved.

Limitation of Liability

To the extent permitted by law, Aeva LLC and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, goodwill, or data, arising from or related to your use of, or inability to use, the Services, even if we have been advised of the possibility of such damages.

To the extent permitted by law, our total liability for any claim relating to the Services is limited to the greater of the amount you paid for the Services in the 12 months before the claim arose or US $50.

Some jurisdictions do not allow certain warranty disclaimers or limitations of liability, so some of the limitations above may not apply to you.

Third-Party Links and Services

The Services may link to or integrate with websites and services we do not control. We are not responsible for their content or practices, and including a link does not mean we endorse it. Your use of third-party services is at your own risk and subject to their terms.

Termination

You may stop using the Services and delete your account at any time. We may suspend or end your access to the Services if you breach these Terms or if we need to do so to comply with the law or protect the Services or other users. Sections that by their nature should survive termination will survive, including the disclaimers, limitations of liability, and governing law.

Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated Terms on this page and change the “Last updated” date. If a change is material, we will give reasonable notice, for example in the App or by email. Your continued use of the Services after the changes take effect means you accept the updated Terms.

Severance

If any part of these Terms is void or unenforceable, that part is severed to the extent that it is void or unenforceable. The rest of these Terms is not affected.

Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law rules. You submit to the exclusive jurisdiction of the courts located in Florida, except where applicable consumer protection law gives you the right to bring a claim in the courts where you live.

Contact Us

If you have questions about these Terms or the Services, contact us at https://aeva.fit/support/.