EveryBod Terms of Service

By creating an account, accessing, downloading, installing, or using the Service in any way, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Service.

We may update these Terms from time to time as described in Section 18. Your continued use of the Service after an update constitutes your acceptance of the updated Terms.

EveryBod is a consumer-facing mobile application and website that uses artificial intelligence to provide general fitness and nutrition guidance, including workout suggestions, nutrition tracking, hydration tracking, AI-generated coaching messages, and progress analytics. It also includes optional social features (public profiles, published workouts, following other users) and Trainer Mode, which lets a trainer manage a roster of clients who have consented to share specific data with them. The Service is intended for personal informational and motivational use only.

The Service is NOT a medical service, a healthcare service, a clinical service, or a substitute for professional medical or fitness advice. EveryBod does not provide medical diagnosis, medical treatment, or personalized medical advice. This is true whether guidance is generated by our AI coach or delivered by a trainer using Trainer Mode — see Section 8.

READ THIS SECTION CAREFULLY. IT IS PARTICULARLY IMPORTANT.

EveryBod is NOT a medical service and is NOT intended to diagnose, treat, cure, or prevent any disease, injury, or medical condition.

The AI coach and any content provided through the Service — including content provided by a trainer using Trainer Mode — are NOT a licensed physician, registered dietitian, registered nurse, physical therapist, certified personal trainer, mental health professional, or other licensed healthcare provider, unless that specific individual independently holds such a license outside of the Service. Nothing communicated through the AI coach, a trainer, the Service, or any EveryBod employee, contractor, or representative constitutes medical advice, diagnosis, prescription, or treatment.

You MUST consult a qualified healthcare provider before beginning any exercise program, nutrition program, or other activity informed by the Service. If you have a pre-existing medical condition, injury, illness, eating disorder, pregnancy, recent surgery, cardiovascular condition, musculoskeletal condition, or any other health concern — or if you are taking medication, are recovering from injury, or have any reason to suspect that exercise or dietary change may not be safe for you — you MUST obtain medical clearance from a qualified healthcare provider before using the Service.

Stop using the Service immediately and seek medical attention if you experience pain, dizziness, shortness of breath, chest pressure, faintness, nausea, irregular heartbeat, or any symptom that concerns you during or after activities informed by the Service.

You assume full responsibility for any decisions you make based on information from the Service. To the maximum extent permitted by applicable law, EveryBod is NOT responsible for any injury, illness, disability, death, property damage, or other adverse outcome resulting from your use of, or inability to use, the Service.

Coaching messages, recommendations, plans, and other content displayed in the Service are generated, in whole or in part, by artificial intelligence ("AI") models, except where a trainer has set a specific message under Trainer Mode (Section 8), which is written by that trainer instead. AI-generated content may be inaccurate, incomplete, outdated, biased, or inappropriate for your specific situation. AI responses are not authored or reviewed by a licensed professional and must not be relied upon as professional medical, nutritional, legal, financial, or psychological advice.

You acknowledge that AI output is probabilistic and may produce factually incorrect statements ("hallucinations"). Always verify any actionable information with a qualified human professional before acting on it.

You must be at least eighteen (18) years old to create an account or use the Service. By creating an account or otherwise using the Service, you represent and warrant that:

• •you are at least 18 years old;
• •you have the legal capacity to enter into a binding contract under the laws of your jurisdiction;
• •you are not barred from using the Service under any applicable law;
• •the registration information you provide is accurate, current, and complete; and
• •you will keep your account information accurate, current, and complete.

If we learn that a user is under 18, we will terminate the account and delete the associated personal data.

The Service is currently offered only to residents of the United States. See our Privacy Policy for more on international use.

You are responsible for safeguarding your account credentials. You must not share your password with any third party and must notify us immediately at legal@everybodfit.com of any unauthorized use of your account or any other security breach. You are responsible for all activity that occurs under your account, whether or not you authorized it.

You agree to provide accurate health, body composition, and lifestyle information when prompted by the Service. Submitting false or materially misleading information about your health, training history, injuries, or medical conditions is a breach of these Terms and may result in unsafe recommendations. You assume all risk arising from any inaccurate information you provide.

EveryBod offers tiered access to the Service:

• •EveryBod Free — limited free access to core features as described in the App Store listing.
• •EveryBod Core / Coach — paid consumer access to expanded features and AI coaching capacity, offered as an auto-renewing subscription, optionally beginning with a free or discounted trial period.
• •EveryBod Trainer — a paid subscription for trainers, priced by the number of clients on their roster, that unlocks Trainer Mode.

All purchases of subscriptions are processed exclusively by Apple Inc. through the iOS App Store under Apple's standard terms and conditions, using RevenueCat as our subscription-management infrastructure. By purchasing a subscription, you also agree to Apple's Apple Media Services Terms and Conditions.

Auto-renewal. Paid subscriptions automatically renew at the price and interval shown at the time of purchase unless canceled at least 24 hours before the end of the current period. Apple charges your payment method on file at the start of each new period.

Trial period. If your subscription includes a free or discounted trial, you must cancel before the trial ends to avoid being charged. Failure to cancel before the trial ends will result in a charge for the first paid period.

Cancellation. You may cancel your subscription at any time in your iOS device's Settings → [your name] → Subscriptions. Cancellation takes effect at the end of the current billing period; you retain paid-tier access until that date.

Refunds. EveryBod does not directly process refunds. All refund requests must be submitted to Apple through the App Store. We do not provide refunds except to the extent required by applicable law.

Price changes. We may change subscription prices from time to time. Apple will notify you of price increases as required by Apple's policies, and you will have the opportunity to cancel before the new price takes effect.

Trainer client limits. Your EveryBod Trainer tier determines the maximum number of clients you may have an active relationship with at one time.

Trainer Mode is an optional feature that connects a trainer (a user subscribed to an EveryBod Trainer tier) with one or more trainees (users who have consented to a relationship with that trainer).

• •Consent-based, not automatic. No data is shared between a trainer and a trainee except what the trainee has explicitly and separately consented to (workouts, nutrition, and/or in-app coach messaging). A trainee may revoke consent at any time.
• •The trainer relationship is between you and your trainer, not with EveryBod. EveryBod provides the software connecting trainers and trainees; it is not a party to, and does not supervise, any personal training, coaching, or nutrition-advice relationship between them.
• •We do not vet trainer qualifications. Any "fitness credentials" a trainer displays are self-reported. Verify them independently if they matter to you.
• •Trainers are still bound by the Medical Disclaimer (Section 3). A trainer's guidance — including assigned workouts and in-app messages — is not a substitute for professional medical advice.
• •Disputes between a trainer and trainee are between those two users. EveryBod is not responsible for mediating or resolving them, though we may suspend either party's Trainer Mode access for violations of these Terms.

If you choose to use social features — a public profile, published workouts, following other users — content you publish becomes visible to other users of the Service (and, for a public profile, to anyone who can access it).

• •You are solely responsible for any content you choose to make public.
• •Do not publish content that violates Section 11 (Prohibited Uses) — including content that harasses another person, infringes someone else's rights, or is false or misleading about your qualifications or achievements.
• •We may remove public content, or restrict a user's ability to publish, if we reasonably believe it violates these Terms.
• •Other users may save or reference your published workouts as permitted by the Service's normal functionality; this does not transfer ownership of your User Content.

"User Content" means any data, information, text, messages, images, audio, or other materials that you submit to or generate within the Service, including profile information, body metrics, workouts, nutrition entries, hydration logs, personal records, published community content, and messages exchanged with the AI coach or a trainer.

You retain ownership of your User Content. By submitting User Content, you grant EveryBod, LLC and its successors, assigns, affiliates, contractors, and service providers a perpetual, worldwide, royalty-free, sublicensable, and transferable license to host, store, process, transmit, display, reproduce, modify, adapt, create derivative works from, and distribute your User Content as necessary to operate, maintain, secure, improve, and develop the Service — including displaying it to other users exactly as intended by any publishing/visibility choice you make.

In addition, you grant EveryBod, LLC a perpetual, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, distribute, license, and create derivative works from your User Content in anonymized or aggregated form — that is, in a form that cannot reasonably be used to identify you — for any lawful business purpose, including but not limited to:

• •improving the Service and the user experience;
• •training, fine-tuning, evaluating, and benchmarking AI models;
• •producing population-level insights, research, and commercial data products; and
• •transferring or licensing such data to a successor entity in any merger, acquisition, financing, or asset sale.

This anonymized-data license SURVIVES TERMINATION of your account. Personal data — data that identifies or is reasonably linkable to you — is handled exclusively in accordance with our Privacy Policy and is not covered by the anonymized-data license above.

We will never sell your personal data. The treatment of personal data in business transactions is described in Section 16 (Business Transfers and Acquisitions) and in our Privacy Policy.

You agree that you will not, and will not permit any third party to:

• •reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, models, weights, prompts, or trade secrets of the Service;
• •copy, scrape, crawl, harvest, or extract data from the Service by any automated means, except as expressly permitted by EveryBod in writing;
• •use the Service to harass, threaten, defame, stalk, or otherwise harm any person;
• •submit health, body, or training information that you know or should reasonably know to be false in a way that could endanger you or any other user;
• •misrepresent your credentials or qualifications as a trainer, or use Trainer Mode to solicit clients for services you are not qualified or licensed to provide;
• •use the Service to circumvent or attempt to circumvent any security feature, rate limit, paywall, or access control;
• •use the Service to develop a competing product or service;
• •transmit malware, spyware, ransomware, or any other malicious code through the Service;
• •impersonate any person or misrepresent your identity or affiliation;
• •violate any applicable law, regulation, or third-party right in connection with your use of the Service.

The Service, including all associated software, design, branding, logos, trademarks, copyrights, AI prompts, AI methodologies, training routines, nutrition algorithms, content libraries, and documentation, is owned by EveryBod, LLC or its licensors and is protected by United States and international intellectual property laws.

These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use (or, for a subscribed Trainer, the professional use of managing your own clients through Trainer Mode), subject to these Terms. No other rights are granted, by implication or otherwise. All rights not expressly granted are reserved by EveryBod, LLC.

The "EveryBod" name, logo, and visual identity are trademarks of EveryBod, LLC. You may not use them without our prior written consent.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EVERYBOD, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL OR INTANGIBLE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF EVERYBOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM YOUR INTERACTIONS WITH ANOTHER USER THROUGH THE SERVICE — INCLUDING A TRAINER OR TRAINEE YOU ARE CONNECTED WITH THROUGH TRAINER MODE, OR ANOTHER USER YOU FOLLOW OR ENGAGE WITH THROUGH COMMUNITY FEATURES.

IN NO EVENT WILL EVERYBOD'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO EVERYBOD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation.

Continuity of service. EveryBod makes no representations or warranties about the continuity, uptime, or future availability of the Service. We reserve the right, at any time and with reasonable notice, to modify, suspend, deprecate, or discontinue the Service in whole or in part, with or without replacement features, and without liability to you or any third party.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you to the extent prohibited by law.

You agree to defend, indemnify, and hold harmless EveryBod, LLC and its affiliates, officers, directors, employees, agents, contractors, licensors, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• •your access to or use of the Service;
• •your violation of these Terms;
• •your violation of any law, regulation, or third-party right;
• •your User Content;
• •any health, fitness, or nutrition decisions you make in connection with the Service;
• •any inaccurate or incomplete information you submit through the Service; or
• •if you are a trainer, any claim arising from services you provide to a trainee, or from your qualifications or lack thereof.

Please read this section carefully. It affects your legal rights.

You and EveryBod agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Service ("Dispute") will be resolved by binding individual arbitration in Los Angeles County, California, administered by JAMS under its Streamlined Arbitration Rules (or AAA under its Consumer Arbitration Rules, at EveryBod's election). The arbitrator's decision is final and binding, subject to limited judicial review under the Federal Arbitration Act.

Class-action waiver. You and EveryBod agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Small-claims exception. Either party may bring an individual claim in small-claims court if the claim qualifies for small-claims jurisdiction.

Opt-out. You may opt out of this arbitration agreement by sending written notice to legal@everybodfit.com within thirty (30) days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out.

Jury-trial waiver. To the extent any Dispute is heard in court rather than arbitration, you and EveryBod each knowingly and voluntarily waive any right to a jury trial.

In the event that EveryBod, LLC, or substantially all of its assets are acquired by, merged with, sold to, or otherwise transferred to a third party — whether by stock sale, asset sale, merger, consolidation, financing, reorganization, bankruptcy, or other business transaction — your account, your User Content, and your personal data may be transferred to the successor or acquiring entity as part of that transaction.

Specifically:

• •Notice. We will notify affected users by email and through an in-app notification at least thirty (30) days before any such transfer takes effect.
• •Continuity of protections. The acquiring entity will be required, by contract or by operation of law, either (a) to honor the Terms of Service and the Privacy Policy in effect at the time of transfer, or (b) to provide you a reasonable opportunity to delete your account and associated personal data before the transfer becomes effective.
• •Due diligence. User data may be reviewed under appropriate confidentiality and data-protection agreements as part of the diligence process for any contemplated transaction.
• •Asset character. User data — including anonymized and aggregated fitness, nutrition, and engagement data — is recognized as a business asset of EveryBod, LLC and may be included in any transaction, subject to the protections in this Section and our Privacy Policy.
• •Bankruptcy. In the event of insolvency, receivership, or bankruptcy of EveryBod, LLC, user data may be transferred to a successor entity as part of the bankruptcy estate, subject to applicable law and to the bankruptcy court's supervision.

This Section is intended to operate together with, and not in derogation of, the corresponding "Business Transfers" and "Data as a Business Asset" sections of our Privacy Policy.

These Terms and any Dispute (other than the arbitrability of any claim, which is governed by the Federal Arbitration Act) are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to Section 15, the state and federal courts located in Los Angeles County, California will have exclusive jurisdiction over any matter not subject to arbitration.

We may amend these Terms at any time. For material changes, we will provide at least thirty (30) days advance notice via email and through an in-app notification before the changes take effect. The "Last updated" date at the top of these Terms reflects the most recent revision.

If you do not agree to a change, your sole remedy is to stop using the Service and to cancel your subscription before the change takes effect. Your continued use of the Service after the effective date of a change constitutes your acceptance of the updated Terms.

You may terminate your account at any time by following the deletion flow in the Service or by emailing legal@everybodfit.com.

We may, in our sole discretion and without liability to you, suspend or terminate your account or your access to the Service (including Trainer Mode specifically) if we reasonably believe that:

• •you have violated these Terms;
• •you have submitted false information that may endanger yourself or others;
• •your use of the Service creates legal, regulatory, security, or reputational risk;
• •you have not paid amounts due; or
• •continued provision of the Service is no longer commercially feasible.

Sections that by their nature should survive termination — including Sections 9, 10 (with respect to anonymized aggregated data), 12, 13, 14, 15, 16, 17, and 19 — will survive any termination of your account or these Terms.

• •Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and EveryBod regarding the Service and supersede all prior or contemporaneous agreements.
• •Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
• •No waiver. Our failure to enforce any right or provision will not be deemed a waiver of that right or provision.
• •Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms freely, including in connection with a transaction described in Section 16.
• •Force majeure. EveryBod will not be liable for any failure or delay in performance caused by events outside its reasonable control.
• •Apple-specific terms. You acknowledge that these Terms are between you and EveryBod only, and not with Apple. Apple is not responsible for the Service or its content. Apple is a third-party beneficiary of these Terms with respect to your use of the iOS App and may enforce them against you.

For legal notices, questions about these Terms, opt-out requests, or any other inquiry, please contact:

EveryBod, LLC Attn: Legal 6344 Lexington Ave Los Angeles, CA 90038 legal@everybodfit.com