Terms & Conditions of Service

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you ("User", "Member", "You") and TuttiFitness Inc. ("TuttiFitness", "we", "our", "us"). By downloading our native mobile application, accessing our web application, registering an account, subscribing to any service tier, or utilizing our computer vision coaching tools, you explicitly acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree with any part of these Terms, you must immediately discontinue use of all TuttiFitness services and uninstall any associated client software.

2. Eligibility & Age Verification

To access or use TuttiFitness, you represent and warrant that:

• You are at least 18 years of age, or the age of legal majority in your jurisdiction.
• If you are between 13 and 17 years of age, you may use the platform solely under the direct supervision and with the verifiable consent of a parent or legal guardian who agrees to be bound by these Terms. Children under 13 years of age are strictly prohibited from using the service.
• You possess the legal capacity to form a binding contract and are not barred from receiving services under applicable laws.

Collection of Age & Biometric Parameters: We collect and store demographic age and birthdate to calibrate personalized Basal Metabolic Rate (BMR), Total Daily Energy Expenditure (TDEE), and age-appropriate joint angle tolerance profiles. Providing false age or demographic information constitutes a material breach of these Terms.

3. Medical & Physical Exercise Disclaimer

3.1 No Medical Advice: All content, computer vision analysis, joint angle thresholds, audio coaching cues, nutritional estimates, macro split calculations, and exercise recommendations generated by TuttiFitness are provided solely for informational and educational fitness purposes. They do not constitute medical, orthopedic, or diagnostic advice, nor do they replace personalized evaluation by a certified physical therapist or medical practitioner.

3.2 Voluntary Assumption of Risk: Physical exercise, heavy resistance weightlifting, bodyweight calisthenics, cardiovascular exertion, and gym machine usage inherently carry physical risks, including but not limited to muscle tears, sprains, cardiovascular stress, joint damage, bone fractures, and in rare cases, catastrophic injury or death. You voluntarily, knowingly, and freely assume all risks associated with your participation in any exercise or fitness activity undertaken with or guided by TuttiFitness.

3.3 Immediate Cessation: If at any point during a workout or camera session you experience dizziness, sharp pain, chest discomfort, shortness of breath, or faintness, stop exercising immediately and contact emergency medical professionals or your physician.

4. Account Registration, Security & Verification

4.1 Credential Protection: You are responsible for maintaining the strict confidentiality of your account credentials, login email, and authentication session tokens. You agree to notify TuttiFitness immediately at [email protected] upon suspecting any unauthorized access.

4.2 Identity Verification & Telemetry Collection: To protect TuttiFitness and its members from malicious automation, fraudulent chargebacks, multi-accounting, and security breaches, we collect:

• Security & Network Telemetry: Client IP address, country, device classification, operating system version, browser user-agent, and authentication session logs.
• Verification Media: Member verification portraits and postural baseline photographs.

4.3 Strict Admin-Only Access: All security telemetry, verification photographs, and workout video recordings are stored under cryptographic protection (AES-256) and are strictly accessible only to authorized administrators for safety enforcement, account verification, and service personalization. They are never published, never indexed publicly, and never sold to third-party advertisers.

5. Camera Permissions & Workout Form Video Recordings

5.1 Camera Permission for Technology Execution: In order for the application technology to be able to do its job, TuttiFitness requires camera permission. This permission allows the software to perform real-time movement tracking, joint angle evaluation, repetition counting, and audible coaching guidance during active exercise routines.

5.2 On-Device Motion Processing: During live workout sessions, camera motion analysis executes locally on your device in volatile memory, ensuring immediate, low-latency spoken cues without external streaming.

5.3 Workout Form Video Recordings: In order for our technology to evaluate exercise technique, generate progression calibrations, and protect member safety, the application permits recording and storing workout form videos and baseline posture scans. These produced video recordings and images are encrypted (AES-256) and cataloged in a secure vault accessible strictly to authorized administrators for quality control, safety auditing, and personalized training adjustments.

6. Subscriptions, Billing, Trials & Cancellation

6.1 Membership Tiers: TuttiFitness offers free Starter access and premium paid subscriptions, including Coach Pro and Elite Performance tiers. Premium features include unlimited interactive video form coaching, progressive overload algorithms, gym IoT integration, and postural screening.

6.2 Transparent Direct Web Checkout: To protect members from excessive in-app mobile store markups and provide transparent pricing, subscriptions and billing transactions are processed through our secure web checkout portal at https://tuttifitness.com/checkout-portal using Stripe. Zero in-app store purchasing fees are levied.

6.3 Recurring Billing & Auto-Renewal: Paid subscriptions automatically renew at the end of each billing cycle (monthly or annual) at the then-current subscription rate, unless you cancel prior to the renewal date.

6.4 Seamless 1-Tap Cancellation: You may cancel your subscription at any time without fee or penalty:

• Via the Member App under Profile & Settings > Subscription > Manage.
• Via the Stripe Customer Portal link provided in your email invoice.
• By contacting our Support Desk at https://tuttifitness.com/support.

Upon cancellation, premium access remains fully active until the conclusion of your prepaid billing period.

6.5 Refund Policy: Subscriptions are non-refundable except where explicitly required by mandatory consumer protection laws in your jurisdiction.

7. Nutrition, Macro Splits & Officially Approved Standards (US & Europe)

7.1 Officially Approved Dietary Benchmarks & European Guidelines: TuttiFitness provides food logging, meal category breakdown (Breakfast, Lunch, Dinner, Snacks), micronutrient tracking, and hydration monitoring. Our nutritional targets, daily caloric algorithms, and macronutrient distributions (protein, carbohydrates, fats) are strictly aligned with all officially approved dietary standards, including:

• European Food Safety Authority (EFSA) Guidelines: Scientific Dietary Reference Values (DRVs) for nutrients and energy intakes established by the EFSA Panel on Nutrition, Novel Foods and Food Allergens, including Population Reference Intakes (PRIs), Average Requirements (ARs), and Adequate Intakes (AIs) for adults and active individuals.
• European Union Regulation (EU) No 1169/2011 (FIC): Reference Intakes (RIs) established by the European Parliament and Council (Annex XIII) for energy (8,400 kJ / 2,000 kcal baseline), total fat, saturated fatty acids, carbohydrates, sugars, protein, and salt.
• WHO Regional Office for Europe: European Food-Based Dietary Guidelines (FBDGs) and World Health Organization healthy diet principles across European member states.
• Dietary Guidelines for Americans: Established jointly by the U.S. Department of Agriculture (USDA) and the U.S. Department of Health and Human Services (HHS).
• FDA Nutritional Reference Values: Daily Values (DV) and Reference Daily Intakes (RDI) established by the U.S. Food and Drug Administration (FDA) for macronutrients, dietary fiber, vitamins, and minerals (21 CFR § 101.9).
• Dietary Reference Intakes (DRI): Nutrient recommendations and Acceptable Macronutrient Distribution Ranges (AMDR) developed by the Food and Nutrition Board of the National Academies of Sciences, Engineering, and Medicine.
• Scientifically Validated Metabolic Formulations: Caloric expenditure and basal metabolic equations (such as the Mifflin-St Jeor and Harris-Benedict formulas) adjusted for physical biometrics, age, and weekly pace targets.

7.2 Health Guidance & Medical Disclaimer: All nutritional calculations, caloric burn estimations, and macronutrient targets are engineered to adhere to these recognized European and international nutritional benchmarks. Users with diagnosed medical conditions, metabolic disorders, food allergies, or medical dietary prescriptions should consult their qualified physician or registered dietitian.

8. Intellectual Property Rights

8.1 Proprietary Ownership: The TuttiFitness name, wordmark, logo, visual identity, software code, database architecture, TuttiPose kinematic tracking engines, calculation algorithms, synthetic coaching videos, voice audio cue libraries, and user interface designs are the sole and exclusive intellectual property of TuttiFitness Inc., protected by international copyright, trademark, and trade secret laws.

8.2 Limited License: Subject to compliance with these Terms, TuttiFitness grants you a limited, non-exclusive, non-transferable, revocable license to install and use the client application strictly for personal, non-commercial fitness tracking.

9. Prohibited Conduct & Fair Use

When using TuttiFitness, you agree not to:

• Reverse engineer, decompile, disassemble, or extract proprietary algorithms or pose estimation weights.
• Submit fraudulent, spoofed, synthetic, or impersonated identity verification photos, posture scans, or workout videos.
• Interfere with or compromise the security, integrity, or availability of TuttiFitness servers, databases, or API endpoints.
• Scrape, harvest, or extract data from TuttiFitness using automated bots, crawlers, or scrapers.
• Resell, sublicense, or commercially exploit access to our software coaching tools or API endpoints.

10. Connected Gym Equipment & IoT Integrations

Elite tier members may connect TuttiFitness with gym IoT hardware (smart bikes, treadmills, cable weight stacks, and Bluetooth fitness peripherals). You are responsible for ensuring your physical equipment is properly maintained, calibrated, and mechanically safe before following machine pin or seat presets recommended by our software. TuttiFitness is not liable for mechanical equipment failures, pin dislodgement, or cable malfunctions occurring on third-party gym machinery.

11. User Data & Media License

You retain ownership of all original workout logs, notes, and personal media assets you submit. By uploading or recording workout videos, photographs, or biometrics to the platform, you grant TuttiFitness Inc. a worldwide, secure, royalty-free license to store, process, analyze, and render such content strictly to provide, improve, and secure the service for your account.

We do not sell your personal media assets, form videos, or verification portraits to third parties.

12. Account Termination & Suspension

12.1 Termination by TuttiFitness: We reserve the right to suspend or terminate your account and revoke service access immediately, without prior notice or liability, if you violate these Terms, engage in fraud, or compromise platform security.

12.2 Termination by You: You may close your account at any time directly through the app settings or via our web portal at https://tuttifitness.com/delete-account. Upon deletion, your active sessions are revoked and your personal data is purged in accordance with our data safety protocols.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE TUTTIFITNESS PLATFORM, APPLICATION, KINEMATIC MOTION TRACKING, AUDIO CUES, AND ALL ASSOCIATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TUTTIFITNESS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF KINEMATIC ANGLES OR REPETITION COUNTS, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, BUG-FREE, SECURE, OR ACCURATE AT ALL TIMES.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TUTTIFITNESS INC., ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• PERSONAL PHYSICAL INJURY, BODILY HARM, STRAIN, OR EMOTIONAL DISTRESS ARISING OUT OF PHYSICAL EXERCISE OR WORKOUT SESSIONS;
• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR MEDIA;
• THIRD-PARTY GYM EQUIPMENT DEFECTS OR ACCIDENTS.

IN NO CASE SHALL THE AGGREGATE TOTAL LIABILITY OF TUTTIFITNESS INC. EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100.00 USD) OR THE TOTAL AMOUNT PAID BY YOU TO TUTTIFITNESS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

15. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the service shall first be addressed through informal good-faith negotiation by contacting [email protected]. If the dispute cannot be resolved informally within thirty (30) days, it shall be submitted to confidential, binding individual arbitration administered under the rules of the American Arbitration Association (AAA), waiving any right to participate in a class-action lawsuit or class arbitration.

16. Contact & Legal Notices

For inquiries regarding these Terms & Conditions, legal notices, or compliance matters, please reach our legal and support team: