Terms of Service

1. Acceptance and eligibility

By accessing or using AivaFit (the "Service"), operated by Waxwing International Inc., you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.

You must be at least 18 years old to use the Service and must have the legal capacity to enter into a binding contract. By using the Service you confirm that you meet these eligibility requirements.

2. Service description

AivaFit is a fitness coaching subscription service that combines AI-powered guidance with structured training plans, nutrition guidance, AivaPulse AI coaching (subject to a monthly AI quota), and body composition tracking. The Service is available on the web at aivafit.com and through the AivaFit mobile application.

AivaFit is NOT a regulated medical device per Apple's March 2026 categorization rule. AivaFit does not diagnose, prevent, monitor, or treat diseases or physiological conditions. AivaFit does not provide medical advice, prescribe treatments, or substitute for professional healthcare.

3. Subscription pricing

AivaFit offers a 7-day free trial followed by a paid subscription. Pricing is in USD globally:

• Web monthly: $14.99 USD/month via aivafit.com
• In-app monthly: $17.99 USD/month via Apple App Store / Google Play
• Web annual: $119.99 USD/year ($9.99/mo equivalent) via aivafit.com
• In-app annual: $143.88 USD/year ($11.99/mo equivalent) via Apple App Store / Google Play

Annual subscriptions save 33% vs monthly in both channels. Web pricing is offered at a lower rate than in-app pricing because web purchases do not include the platform service fees that mobile app stores apply to in-app purchases. This pricing structure passes the difference to subscribers who purchase via our website. Annual is pre-selected on the payment screen. Payments are processed through Stripe (web), the Apple App Store, or Google Play Store, depending on where you subscribe.

Auto-renewal: subscriptions automatically renew at the end of each billing cycle until cancelled. Cancellation takes effect at the end of the current billing period; no prorated refunds apply for partial periods.

4. AI service usage

AI features include AivaPulse chat coaching, plan generation, and food logging via image and text recognition. AI-generated content is provided as fitness guidance, not as professional medical or therapeutic advice.

Each subscription includes a monthly AI budget of $0.50 USD, which covers typical usage (up to roughly 1,500 messages per month under light/normal patterns). Smart Regex responses do not consume the AI budget.

You may withdraw AI processing consent at any time via the AivaFit mobile app's Settings (when available; until then, contact support@aivafit.com). Withdrawing AI consent disables AivaPulse coaching and AI-powered food recognition; core workout and tracking features continue to function.

5. Subscription management

You may cancel your subscription at any time via:

• The AivaFit mobile app's Settings (subscription management section)
• The Stripe Customer Portal at aivafit.com/account (web users; uses the Stripe-hosted portal — AivaFit does not host account data on the web)
• Email support@aivafit.com

Cancellation takes effect at the end of the current billing period. No prorated refunds apply for partial periods. Refunds are handled case-by-case via support; there is no automated refund flow at MVP launch. For mobile app purchases, refund policies of Apple and Google apply.

6. AI quota top-ups

If you exceed the monthly AI budget included with your subscription, you may purchase optional top-up packages:

• Small: +$0.25 AI budget for $1.99 USD
• Large: +$0.75 AI budget for $4.99 USD

Purchased top-up budget never expires and rolls over month to month. Top-up purchases ship with the AivaFit mobile app.

7. Intellectual property

All content, features, and functionality of AivaFit — including training plans, AI responses, the exercise database, software, graphics, logos, icons, and AI models — are the property of Waxwing International Inc. and are protected by copyright and intellectual property laws.

User-generated content (your fitness story, conversation logs, body measurements) remains yours; AivaFit holds a license to use this content as needed to operate the Service. You may not reverse-engineer, redistribute, or commercially exploit AivaFit's proprietary content.

8. Data and privacy

Our handling of your personal data is governed by the AivaFit Privacy Policy at aivafit.com/privacy. The Privacy Policy describes what we collect, how we use it, our subprocessors, retention periods, and your rights (including the right to deletion and export).

9. User conduct

You agree not to: reverse-engineer or attempt to extract the source code of the Service; use the Service for any unlawful purpose; share your account with others; abuse the AI quota in bad faith (e.g., automated scraping); harass other users; or interfere with the operation of the Service.

10. Disclaimers

AivaFit is NOT a regulated medical device per Apple's categorization rule. AivaFit does not diagnose, prevent, monitor, or treat diseases or physiological conditions. AivaFit is fitness coaching — not professional healthcare, not medical advice, not psychological counseling.

Always consult a qualified healthcare provider before starting new exercise routines, dietary changes, or for any medical concerns. AivaFit's PAR-Q (Physical Activity Readiness Questionnaire) is a fitness-specific risk screening tool, not a medical evaluation.

The Service is provided "as-is" without warranties of fitness for a particular purpose. Body composition estimates provided by the AivaPulse Vision feature are approximate and should not be used for medical purposes.

11. Limitation of liability

To the maximum extent permitted by law, Waxwing International Inc. shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service. Our total liability shall not exceed the amount you paid for the Service in the twelve months preceding the claim.

We are not liable for fitness outcomes, injuries, or health decisions made based on AivaFit's guidance. Some jurisdictions do not permit certain limitations of liability; in those jurisdictions our liability is limited only to the extent permitted by applicable law.

12. Service availability

AivaFit may experience downtime for scheduled maintenance, updates, or unforeseen technical issues. The Service is provided on a commercially reasonable best-effort basis. No service-level agreement (SLA) guarantees apply at MVP launch.

13. Force majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent caused by events beyond its reasonable control, including acts of God, war, pandemic, government action, labor disputes, or infrastructure failure.

14. Dispute resolution and arbitration

Users in the United States: any dispute arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You waive the right to participate in any class action or class arbitration against AivaFit. The arbitration shall take place in English.

Users outside the United States: disputes are subject to applicable local consumer protection laws and the governing-law provisions in Section 21. You may have additional rights under your local consumer laws that these Terms cannot override.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall remain in full force and effect.

16. Entire agreement

These Terms of Service, together with the AivaFit Privacy Policy, constitute the entire agreement between you and Waxwing International Inc. regarding your use of the Service. They supersede any prior agreements, communications, or understandings.

17. Assignment

Waxwing International Inc. may assign or transfer these Terms and its rights and obligations under them at any time, including in connection with a merger, acquisition, or sale of assets. You may not assign or transfer these Terms without our prior written consent.

18. Termination

We reserve the right to suspend or terminate your account if you violate these Terms. You may cancel your subscription and request account deletion at any time through the channels in Section 5 and Section 7 of the Privacy Policy. Upon termination, your right to use the Service ceases immediately; portions of these Terms that by their nature should survive termination (including intellectual property, disclaimers, and limitation of liability) will survive.

19. Notice procedures

Notices to AivaFit must be sent to support@aivafit.com. Notices to you may be sent to the email address on file with your account or through in-app or web announcements.

20. Governing law

These Terms are governed by the laws of the Province of Newfoundland and Labrador, Canada, without regard to conflict-of-law principles. Section 14 applies to dispute resolution and arbitration.

21. Changes to terms

We may update these Terms from time to time. We will notify you of material changes through the app, email, or web announcement. Continued use of the Service after changes constitutes acceptance of the updated Terms.

22. Contact

For questions about these Terms, contact us at support@aivafit.com.

Waxwing International Inc.
St. John's, Newfoundland and Labrador, Canada