FitLoad Terms of Service

Effective date: October 28, 2026 · Version 2.0

1. About these Terms

These Terms of Service ("Terms") are a contract between you and Scaling Reason LLC, a Delaware limited liability company that owns and operates FitLoad ("FitLoad", "we", "us" or "our"). They govern your use of:

and the features, content and services we provide through them (together, the "Services").

By creating an account, ticking the box to accept these Terms, or using the Services, you agree to these Terms. If you don't agree, don't use the Services.

These policies form part of these Terms: the Privacy Policy, the Consumer Health Data Policy, the Subscription and Refund Policy, the Health and Fitness Disclaimer, the Acceptable Use Policy and the Cookie Policy. They are all at fitload.ai/legal.

FitLoad is a training app for triathletes and other endurance athletes. It analyses the training data you connect or enter, estimates training load, fatigue and fitness, builds and adjusts training plans, and, on paid plans, offers an AI coach.

We reserve the right to change these Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of the Services after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

FitLoad may make improvements and/or changes in the Services, and prices described, at any time and for any reason in their sole discretion. For instance, the FitLoad mobile application may download and install updates, upgrades, and additional features in order to improve, enhance, or further develop the Services. FitLoad reserves the right to modify or discontinue the Services or any part of the Services, temporarily or permanently, at any time, with or without notice. You agree that FitLoad will have no liability to you or to any third party for any modification, suspension, or discontinuance of the Services. Changes to the price of an existing subscription are made as described in the Subscription and Refund Policy.

NOTICE REGARDING DISPUTE RESOLUTION:

THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND FITLOAD ARE RESOLVED, INCLUDING AN AGREEMENT TO ARBITRATE, WHICH WILL—UNLESS YOU RESIDE IN THE EU, THE UK OR JURISDICTIONS WHERE PROHIBITED—WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMIT YOU TO CLAIMS AGAINST FITLOAD ON AN INDIVIDUAL BASIS, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE INSTRUCTIONS BELOW.

2. Accounts

Age Limit

The Services are intended only for persons aged at least 18 years, or such higher age as may be required in your jurisdiction to form a legally binding contract. If you are below that age, you are prohibited from using the Services, and FitLoad reserves the right to:

  1. Refuse your access to the Services;

  2. Deactivate and delete your FitLoad account and the data associated with it.

The Services are not directed to children under 13, and FitLoad does not knowingly collect their personal information.

Signing Up

To use the Services, you must sign up and create an account by signing in through a Connected Service (currently Intervals.icu). By creating an account, you agree:

In order to access our Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date, and that any notice we send to the email address associated with your account will constitute notice to you.

You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services, including any API key or access token for a Connected Service. Accordingly, you are responsible for all activities occurring under your account/s. You agree to notify FitLoad immediately at support@fitload.ai of any unauthorized use of your account.

3. Third-Party Integrations

You may sign up for or login to your account via a third-party network, such as Intervals.icu. If you do so, you authorize FitLoad to complete the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account, based on the privacy policies of those third parties.

You may also choose to connect or share information with third-party apps, plugins, or websites that integrate with the Services, like Intervals.icu (including data from devices and platforms you have linked there, such as Garmin) and, once our mobile apps are available, Apple Health or Google Health Connect ("Connected Services"). If you do this, you authorize FitLoad to access and store the data types you allow and, if you turn this on, to send data to the Connected Service, such as planned workouts to your Intervals.icu calendar. You may disconnect a Connected Service at any time, which stops future syncing; our Privacy Policy explains what happens to data already imported.

Information collected by these third parties is subject to their own terms and policies, which you must comply with, and FitLoad is not responsible for the terms or policies of third parties, or for the availability or accuracy of their services. If a third party limits or ends FitLoad's access, related features of the Services may stop working.

Providers of data that reaches the Services, such as Garmin, Apple and Intervals.icu, are not parties to these Terms; to the maximum extent permitted by law, they make no warranties to you about that data and are not liable to you in connection with it.

4. Subscriptions and payments

FitLoad has a free plan and paid plans. Prices, what each plan includes, free trials, automatic renewal, cancellation and refunds are set out in the Subscription and Refund Policy, which forms part of these Terms. If you subscribe through Apple's App Store, Apple's terms also apply to billing, cancellation and refunds.

5. Health and safety

FitLoad gives general fitness and training information. It is not a medical device and does not diagnose, treat, cure or prevent any disease or condition. Nothing in the Services is medical advice or a substitute for a doctor or other qualified professional.

You decide whether and how to follow any plan or suggestion, and you take part in exercise at your own risk. The Health and Fitness Disclaimer gives more detail and forms part of these Terms.

6. Acceptable use

Use the Services only for your own personal, non-commercial training, in line with these Terms, the Acceptable Use Policy and the law. In particular, don't, and don't help anyone else to:

  1. access the Services other than through the interfaces we provide, or scrape, crawl or bulk-download data from them;
  2. disrupt or overload the Services, probe or get around security or usage limits, or introduce malware;
  3. copy, sell, resell, rent or sublicense the Services, or use them to build a competing product;
  4. use the Services, their outputs or the AI coach to build, train or improve another AI model or dataset;
  5. try to make the AI coach produce harmful, unlawful or misleading content, or get around its safeguards;
  6. connect or upload data you don't have the right to use, or impersonate anyone;
  7. use the Services in a way that would make us break a Connected Service's terms; or
  8. use the Services to break the law or to harm anyone.

We may investigate suspected breaches, and may remove content or suspend access while we do.

7. Ownership of Content

In these Terms, “Content” means any content created, shared, posted, or made available in connection with the Services, such as text, images, audio, routes, or other data, whether posted or shared publicly, privately, or via a third-party API. You will remain the owner of intellectual property rights (such as copyright) in your Content. “Your Data” means your Content, including the training data you connect or upload (activities, heart rate, power, GPS and other recordings, and wellness data such as weight and resting heart rate), what you enter (goals, check-ins, pain and injury reports, notes and settings), and your messages and files in the coach chat. “Outputs” means the metrics, charts, plans and coach replies the Services produce for you.

You agree and confirm that:

8. License

To provide the Services, we need permission to use your Content. This permission is called a license. You grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, adapt, analyse and display your Content, and to send it to our service providers and to Connected Services you turn on, only to provide, secure and support the Services for you and as set out in our Privacy Policy. The license ends when your Content is deleted, except for copies the law requires us to keep. You may use Outputs for your own training and share them personally, for example with your own coach.

You agree and confirm that you are able to give FitLoad any licenses, rights, or other permissions set out in these Terms.

9. Privacy Controls

Your Data is governed by the Privacy Policy and Consumer Health Data Policy.

FitLoad has no public profiles or feeds, and we do not show your Content to other users.

10. Personalized Experience

Personalization is a core part of our Services. We will personalize your Services in order to give you a unique user experience. For example, we may use data relating to you and your use of the Services to develop personalized training plans, strength routines, and workouts, and to tune models and settings specific to you, such as your thresholds and how you respond to training. These serve only you, and we delete them or rebuild them without Your Data when you delete it.

We never use consumer health data for advertising, marketing or sale. We may create de-identified data from Your Data to develop and improve our models. We will (a) take reasonable measures to prevent it from being linked to you or your device, (b) publicly commit not to attempt re-identification, and (c) contractually require recipients to do the same. Data from Apple Health is used only for the health-management purposes described in the Privacy Policy. We won't sell Your Data, and we won't share identifiable Your Data with third parties to train their models. We do so only where permitted by applicable law and by the terms of the relevant third-party data provider.

11. Your Feedback

You may be able to provide comments, feedback, suggestions, ideas, original or creative materials, and other communications about the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you grant FitLoad a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display, and perform and otherwise exploit that Feedback, and to use, make, have made, sell, offer for sale, import, and export products and services that are based on that Feedback. For this reason, if you do not want to give us the license set out in this section, do not send FitLoad any Feedback. For the avoidance of any doubt, Feedback is not considered Content for the purposes of Section 8 (License), and Your Data is not considered Feedback.

12. Responsibility for Content and Conduct

The Services are operated from the United States. Paid plans are currently sold only in the United States. We don't currently offer the Services to people in the United Kingdom or the European Economic Area, and we may refuse or pause sign-ups from those regions. FitLoad does not represent that any Content or Services are appropriate or available for use in your location. Accessing or using any Content or Services from locations where access or use is illegal is prohibited, and you are responsible for complying with all your local laws. You may not use the Services if you are located in a country subject to U.S. embargoes or are on a U.S. government list of restricted parties, and you may not use or export Content or Services in violation of U.S. export laws and regulations.

13. Responsible Use of Geolocation Features

You accept all safety, security, and other risks associated with the use of any FitLoad or third-party geolocation features, tools, and technology, including when recording GPS-based activities via the Services, using map- or location-based features on the Services. These risks may be greater depending on your circumstances, e.g., if you work in a sensitive job or position of trust, and GPS-based activities can reveal places such as your home. FitLoad does not show your routes to other users. To the maximum extent permitted by law, FitLoad is not responsible for any such risks. You agree to use any such geolocation features, tools, and technology in a way that is safe, secure, and responsible, in accordance with your circumstances and applicable laws. Nothing in this section takes away from any other sections in these Terms where we disclaim warranties and limit or exclude liability. You can learn more about how we use geolocation information in our Privacy Policy.

14. Third-Party Products

To use certain features of the Services, you may decide to buy third-party products or services, e.g., a GPS device to track your location. Even if FitLoad recommends a third-party supplier, product, or service to you, we will bear no responsibility for anything relating to your purchase or use of that third-party product or service, and we do not guarantee that any third-party product or service will be error-free or will work with the Services.

Either FitLoad or third parties may, through the Services, provide links or advertisements to third-party internet sites or resources. FitLoad does not endorse, and is not responsible for, any Content, information, advertising, products, or other materials on or available from those sites or resources. You acknowledge and agree that FitLoad is not responsible for whether such external sites or resources are available.

The Services may display products and services that third parties sponsor, show, or offer. If you choose to deal with a third party or to explore or purchase any of its products or services, you are dealing and contracting directly with that third party and not with FitLoad. FitLoad is not party to any terms between you and that third party. YOU AGREE THAT FITLOAD WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTIES AVAILABLE VIA THE SERVICES.

15. Communications

FitLoad may make functionality available in the Services for you to communicate with FitLoad.

You agree and confirm:

16. Limitation of Warranties

By using the Services, you understand and agree that all Services we provide are "as is" and "as available". This means that we do not represent or warrant to you that: i) the use of the Services will meet your needs or requirements, improve your performance. ii) the use of the Services will be uninterrupted, timely, secure or free from errors. iii) the information obtained by using the Services, including any estimate, training plan or AI coach reply, will be accurate or reliable, and iv) any defects in the operation or functionality of any Services we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Scaling Reason LLC or through any Services we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms or in the Subscription and Refund Policy.

UNLESS OTHERWISE EXPRESSED, Scaling Reason LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, INCLUDING YOUR STATUTORY RIGHTS AS A CONSUMER IN THE UK OR EEA.

17. Artificial Intelligence

As part of providing the Services, we may use and develop artificial intelligence (“AI”) and machine learning (“ML”) to provide features designed to enhance your training and improve the Services (“AI Features”), including, on paid plans, an AI coach that may build and change your training plan, explain your data, and answer your questions. When you use the AI coach, you are interacting with an AI system and not a person; the AI coach runs on large language models provided by third-party providers, such as Anthropic (Claude), OpenAI or Google. AI technologies have known and unknown risks and limitations and may make mistakes; you understand and agree that you use AI Features at your own risk. You should always use common sense and good judgment before using any AI-generated recommendations to make sure they are safe, secure, and appropriate for your skill level, and you should consult a physician or qualified coach before acting on any such recommendation relating to pain, injury, illness, or a medical condition. Nothing in this section takes away from any other sections in these Terms where we disclaim warranties and limit or exclude liability.

In our mobile apps, we will ask for your permission before the AI coach first uses Your Data. You may turn the AI coach off in Settings at any time; the remainder of the Services will continue to work without it. Changes the AI coach makes to your training plan can be undone, and we do not use AI Features to make decisions that have legal or similarly significant effects on you. We may limit your use of AI Features, including through a monthly usage allowance.

18. Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to THE GREATER OF (I) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE 6 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM AND (II) US $100. Scaling Reason LLC will not be liable for any indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using the Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. Nothing in these Terms excludes or limits our liability for fraud, for gross negligence or wilful misconduct where applicable law does not allow it to be limited, or, if you live in the UK or EEA, for death or personal injury caused by our negligence.

If you live in a jurisdiction that does not permit certain disclaimers, limitations, or exclusions, some or all of the disclaimers, exclusions, or limitations in these Terms may not apply to you. Solely to the extent that any of the disclaimers, exclusions, or limitations in these Terms does not apply to you, all of the remaining disclaimers, exclusions, and limitations that do apply shall still apply to your use of the Services and the Content.

19. Indemnity

You agree to indemnify and hold harmless Scaling Reason LLC and its owner, employees and contractors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In that event, you shall give us such cooperation as we reasonably request.

20. Copyrights/Trademarks

All content and materials available on fitload.ai and through the Services, including but not limited to text, graphics, website name, code, models, algorithms, images and logos are the intellectual property of Scaling Reason LLC or its licensors, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on the Services is strictly prohibited, unless specifically authorized by Scaling Reason LLC.

21. Proprietary Rights

FitLoad grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, display, perform, reproduce, transmit, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or models, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or aspect of the Services, except where permitted by law.

FitLoad reserves all rights that are not expressly granted in these Terms. We may withdraw any licenses, rights, or permissions given to you in these Terms immediately, whenever we choose, whether generally or in a specific case, without having to give any reason.

The term FITLOAD, the FitLoad logo, the look and feel of the Services, and all other FitLoad logos and product- and service-names are the exclusive trademarks of, and are owned by, FitLoad, and you may not use or display such trademarks in any way without FitLoad’s prior written permission. Any third-party trademarks, service marks, product names, company names, or logos displayed on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by FitLoad.

22. Claims of Infringement

The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. FitLoad also reviews claims of trademark infringement. If you believe in good faith that materials hosted by FitLoad infringe your copyright or trademark rights, you (or your agent) may send us a notice asking that the material be removed or that access to it be blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow FitLoad to locate the material on the Services; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that FitLoad will not respond to complaints that fail to meet these requirements. When we forward DMCA-compliant notifications, we may share your information with third parties, and those notifications will be forwarded as submitted to us, without any deletions. If FitLoad determines that the materials alleged to infringe your copyright or trademark rights do not require removal, FitLoad will remove those materials only under a court order that declares the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been filed against you wrongly, the DMCA allows you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which FitLoad may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).

Notices and counter-notices relating to the Services must meet the then-current statutory requirements imposed by the DMCA and should be sent to the agent identified below. We suggest consulting your legal advisor before you file a notice or counter-notice. Be aware as well that false claims under the DMCA may carry penalties. FitLoad does not publish content submitted by users, and we may terminate the accounts of repeat infringers.

Agent to Receive Notices of Claimed Infringement:

Scaling Reason LLC, Attn: Copyright Agent

c/o Northwest Registered Agent Service, Inc., 8 The Green, Ste B, Dover, DE 19901

legal@fitload.ai

23. Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Services with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities. Upon suspension or termination, your right to use the Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

You agree that all suspensions or terminations for cause will be made at FitLoad’s sole discretion and that FitLoad will have no liability to you or any third party for any suspension or termination of your account or of your access to the Services. The following Sections will survive termination of your account and/or the Terms: Responsibility for Content and Conduct, Proprietary Rights, Your Feedback, Limitation of Warranties, Limitation of Liability, Indemnity, Governing Law, Dispute Resolution, and General.

24. Governing Law

The Services are controlled by Scaling Reason LLC. They can be accessed by most countries around the world. By accessing the Services, you agree that the statutes and laws of the State of Delaware, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Services and the purchase of any products or services through the Services.

Furthermore, subject to the Dispute Resolution section below, any action to enforce these Terms shall be brought in the federal or state courts located in the State of Delaware. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

25. Dispute Resolution

Users in the EU or the UK

If you live in the EU or the UK, the remaining sections below (governing arbitration, class-action waiver, small claims court exception, thirty-day right to opt out, and time limitation of claims) do not apply to you. In addition, the local laws in your EU Member State or the UK may allow you to take legal action against FitLoad where you live and to invoke certain local laws against FitLoad.

Arbitration

Before any party may begin a lawsuit or arbitration, the parties will use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations.

Except for disputes relating to FitLoad’s intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents), or if you opt out of this agreement to arbitrate, all claims arising out of or relating to these Terms or the Services will be finally settled by binding arbitration administered by JAMS in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions.

The arbitrator, and not any court or agency, will have exclusive authority to resolve all disputes arising out of or relating to these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator will be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms.

The award of the arbitrator will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

FitLoad will pay the additional cost to the extent that the filing fee for the arbitration exceeds the cost of filing a lawsuit.

You and FitLoad expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if FitLoad is a party to the proceeding.

If your arbitration demand involves claims similar to those made by 15 or more other users, and if you and those other users are represented by the same lawyers, or by lawyers who are coordinating with each other, you agree that these claims will be considered “Related Cases.” Related Cases may only be filed in batches of up to 20 individual arbitrations at a time, and those individual arbitrations will be resolved as follows: (i) for the first batch of bellwether cases, each side may select up to 5 of these Related Cases to be filed and resolved in individual arbitrations; (ii) none of the other Related Cases may be filed or prosecuted in arbitration until the first batch of up to 20 individual arbitrations has been resolved; and (iii) if, after that first batch, the parties are unable to resolve the remaining Related Cases, a second batch of Related Cases may be filed, in which each side may select up to 5 of the Related Cases to be resolved in individual arbitrations. This process of individual arbitrations in batches will continue until the parties resolve all Related Cases, informally or through individual arbitrations. A court has exclusive authority to enforce this paragraph, including whether it applies to a particular set of claims, and to enjoin the filing or prosecution of arbitrations that fail to comply with this paragraph. If this provision is held unenforceable, the JAMS Mass Arbitration Procedures and Guidelines will govern the procedure.

The Federal Arbitration Act will govern this Dispute Resolution provision. The parties understand that, without this mandatory provision, they would have the right to sue in court and to have a jury trial. They also understand that, in some cases, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

Class-Action Waiver

The parties agree that any arbitration will be conducted only in their individual capacities and not as a class action or other representative action.

If any court or arbitrator finds that the class-action waiver set out in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set out above will be deemed null and void in its entirety and the parties will be deemed not to have agreed to arbitrate disputes.

Exception—Small Claims Court

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the jurisdiction of that court.

Thirty-Day Right to Opt Out

You have the right to opt out and not be bound by the Arbitration and Class-Action Waiver provisions set out in these Terms by sending written notice of your decision to opt out by email to legal@fitload.ai or by mail to the following address: Scaling Reason LLC, Attn: Legal Department (Opt-out), c/o Northwest Registered Agent Service, Inc., 8 The Green, Ste B, Dover, DE 19901. The notice must be sent within 30 days of signing up to use the Services; otherwise, you will be bound to arbitrate disputes under these Terms. If you opt out of the arbitration provisions, FitLoad will not be bound by them either.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with FitLoad, these Terms, or the Services must be filed within one year after the claim arose; otherwise, the claim will be permanently barred.

26. Notice for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: If you have a complaint regarding the Services that you think we have not adequately resolved, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210. The Services are provided by Scaling Reason LLC, c/o Northwest Registered Agent Service, Inc., 8 The Green, Ste B, Dover, DE 19901, and the charges for the Services are set out on our pricing page and in the Subscription and Refund Policy.

27. General

You agree that no joint venture, partnership, joint controllership, employment, or agency relationship exists between you and FitLoad as a result of these Terms or your use of the Services. These Terms make up the entire agreement between you and FitLoad with respect to your use of the Services. The failure of FitLoad to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate, or otherwise transfer your account, your rights, or your obligations under these Terms without the prior written consent of FitLoad. FitLoad has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third-party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. FitLoad’s notice to you via email, regular mail, or notices, posts, or links on the Services will constitute acceptable notice to you under these Terms. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted in these Terms are reserved. These Terms, our Privacy Policy, and any other terms incorporated herein, were written in English. To the extent a translated version of any such document conflicts with the English version, the English version controls.

28. MOBILE SOFTWARE FROM THE APPLE APP STORE

THIS PARAGRAPH APPLIES ONLY IF YOU DOWNLOAD OUR APPLICATION THROUGH THE APPLE APP STORE. We provide these Terms, which apply to your use of the Services. You acknowledge and agree that these Terms apply to you and to us, not Apple, and that Apple has no responsibility for the Services or content thereon. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. You and we acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the application’s use of HealthKit. You and we acknowledge that, in the event of any third-party claim that the Services, or your possession and use of the Services and/or content therein infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms or applicable law. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the agreement, and that, upon your acceptance of the terms of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this provision of these Terms against you as a third-party beneficiary thereof.

Your license to use the application is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility to the extent not disclaimed in these Terms. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Any questions, complaints, or claims with respect to the application should be directed to us using the contact information below.

29. Contacting Us

If you have any questions regarding these terms and conditions, you may contact us using the information below.

Scaling Reason LLC

c/o Northwest Registered Agent Service, Inc., 8 The Green, Ste B, Dover, DE 19901

support@fitload.ai