Terms of Service

1.1 Technology Provider Only: Fitvia is exclusively a software-as-a-service (SaaS) and technology provider that delivers tools for management, professional-client relationships, workout delivery, and payment processing.

1.2 Independent Relationship: Fitvia operates solely as an independent technology ecosystem. Fitvia is not an employer, partner, joint venture, agent, or legal representative of any registered professional or trainer using the Platform. No employment or agency relationship is created by using the Platform.

1.3 Professional Qualification, Credentials, and Regional Compliance: Professionals and trainers utilizing the Platform represent, warrant, and covenant that they possess all required certifications, licenses, degrees, vocational qualifications, and active regulatory or professional registrations required to practice, prescribe physical exercises, and provide coaching in their respective jurisdictions. This includes, but is not limited to:

• In the United States: Holding a valid certification accredited by the National Commission for Certifying Agencies (NCCA) (e.g., NASM, ACE, ACSM, NSCA, ISSA).
• In Canada: Holding valid certification from a recognized body (e.g., CanFitPro, CSEP) or equivalent accredited international credentials.
• In the United Kingdom: Holding an Ofqual-regulated Level 3 Personal Training Certificate (or higher) endorsed by the Chartered Institute for the Management of Sport and Physical Activity (CIMSPA).
• In Australia: Completing the national vocational framework required to practice as a Personal Trainer, including a Certificate IV in Fitness (or higher), and maintaining registration with a recognized industry registry (e.g., AUSactive, FITREC).
• Globally: Maintaining active First Aid and CPR/AED certifications as mandated by their local jurisdiction or insurance providers.

Fitvia does not validate, vet, or verify the technical competence, legal status, or credentials of any professional. Civil, criminal, and administrative liability for any guidance, prescription, advice, or physical harm caused to clients rests exclusively with the professional. Trainers acknowledge that practicing without the required local credentials or insurance may violate local laws and constitutes a material breach of these Terms.

1.4 Use of Artificial Intelligence (AI) Tools: Any suggestions, workout templates, or information generated by Artificial Intelligence tools within the Platform are purely auxiliary, informational, and advisory. The professional is strictly required to review, adjust, validate, and approve all AI-generated content before releasing it to a client. Fitvia assumes no liability for AI-generated text, programming, or advice.

2.1 Banking Exclusivity and Closed Flow: To automate workout delivery, manage access control, and maintain infrastructure security, Fitvia operates under a closed financial flow. All payments from clients to professionals for services managed, scheduled, or delivered via the Platform must be processed exclusively through Fitvia's integrated internal checkout system.

2.2 Content Lock and Automation: The automated unlocking and delivery of workouts, coaching materials, and client app features are strictly conditioned upon successful payment confirmation by the integrated third-party payment gateway.

2.3 External Payments: Any payments settled through external channels, external links, cash, or third-party apps outside of Fitvia's integrated checkout will not activate content delivery within the app. Fitvia is not responsible for, nor bound by, any financial agreements, refunds, or terms negotiated outside of the Platform's billing system.

2.4 Revenue Split Model and Fees: Fitvia does not charge any fixed monthly or recurring subscription fees for account access or tool utilization. Instead, the Platform operates entirely on a transactional fee structure. The professional agrees that Fitvia will charge a 0.5% platform fee on payments processed through the internal checkout. This platform fee is added to the amount paid by the client, alongside any applicable third-party gateway processing fees (e.g., Stripe processing fees). Fees are non-refundable.

3.1 Account Security: The user is solely and exclusively responsible for maintaining the confidentiality of their account credentials, passwords, and API keys, and for all activities that occur under their account.

3.2 Revenue Evasion and Circumvention: Attempting to utilize Fitvia's workout building, scheduling, or technical tools while intentionally bypassing or circumventing the integrated payment system to avoid platform fees constitutes a material breach of these Terms. Fitvia reserves the right to immediately suspend or permanently terminate the offending user's account without prior notice or liability.

3.3 Accuracy of Information: Users must provide accurate, current, and complete registration data. Providing false, misleading, or fraudulent information may result in immediate account blocking, termination, and reporting to relevant financial institutions or law enforcement for fraud prevention.

4.1 Health and Sensitive Data: The Platform processes personal health data, biometric metrics, and fitness logs on behalf of the professional. The professional acts as the Data Controller (or equivalent) and represents and warrants that they have obtained explicit, legally binding consent or possess a valid legal basis from their clients to collect, input, and process such sensitive health data through Fitvia.

4.2 Security Compliance: Fitvia implements commercially reasonable administrative, technical, and physical safeguards designed to protect user data against unauthorized access, destruction, or alteration.

4.3 Data Subject Rights: Clients and professionals may request access to, rectification of, or deletion of their personal data by contacting Fitvia's official support channels, subject to applicable legal, tax, and anti-fraud retention requirements.

Fitvia respects intellectual property rights. If you believe that any content hosted on our Platform infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing and where it is located on the Platform.
4. Information reasonably sufficient to permit Fitvia to contact you (address, telephone number, and email).
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner.

DMCA notices should be sent to: legal@fitvia.me.

6.1 DISCLAIMER OF WARRANTIES: THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FITVIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FITVIA DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6.2 PHYSICAL HARM AND INJURY DISCLAIMER: FITVIA IS NOT LIABLE FOR ANY INJURIES, PHYSICAL HARM, ACCIDENTS, MEDICAL EMERGENCIES, HEALTH COMPLICATIONS, OR DEATH RESULTING FROM THE EXECUTION OF WORKOUTS, DIETS, OR TRAINING PROGRAMS DELIVERED THROUGH THE PLATFORM. PHYSICAL ACTIVITY INVOLVES INHERENT RISKS. INDIVIDUAL SUPERVISION, ASSESSMENT, AND RISK MANAGEMENT BELONG EXCLUSIVELY TO THE HIRED PROFESSIONAL AND THE INDIVIDUAL CLIENT.

6.3 LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FITVIA LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, OR IMPACT ON BUSINESS) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, OR NEGLIGENCE.

6.4 LIABILITY CAP: IN ANY EVENT, THE AGGREGATE LIABILITY OF FITVIA LLC ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PLATFORM, OR THE SERVICES WILL BE STRICTLY LIMITED TO THE TOTAL PLATFORM FEES EFFECTIVELY PAID BY THE USER TO FITVIA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

All software code, user interface designs, visual layouts, graphics, algorithms, database structures, trademarks, logos, and proprietary marks utilized within the Platform are the sole and exclusive property of Fitvia LLC or its licensors. Use of the Platform grants the user only a temporary, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the tools for its intended administrative purpose. No ownership rights are transferred under these Terms.

8.1 Account Closure: Users may close or delete their accounts at any time through the Platform interface. Since use of the Platform does not depend on a mandatory recurring fixed monthly subscription fee, an inactive account will incur no charges.

8.2 Data Retention Policy: Upon account deletion, Fitvia will retain transaction records, financial data, cryptographic payment logs, and network access logs for the minimum duration required to comply with applicable US federal, state, and international tax laws, anti-money laundering (AML) regulations, and fraud prevention lookback periods.

9.1 Governing Law: These Terms, and any dispute arising out of or relating to them, shall be governed by, and construed in accordance with, the laws of the State of Wyoming, without regard to conflict of law principles.

9.2 Binding Arbitration: Except for small claims court actions or intellectual property injunctions, any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, validity, breach, or termination thereof, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The place of arbitration shall be Cheyenne, Wyoming, and the proceedings shall be conducted in English. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

9.3 CLASS ACTION WAIVER: YOU AND FITVIA 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fitvia agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.