Terms & Conditions

Please read these Terms of Use (“Terms”) carefully. Avega Inc. (“Avega”, “we”, “us”, or “our”) provides a mobile fitness application, website, and related services (collectively, the “Service”). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

2. Your Account

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at support@avega.app if you suspect unauthorized access to your account. You may not share your account credentials with any third party. You may not create multiple accounts. We reserve the right to suspend or terminate accounts that violate these Terms.

3. Health and Fitness Disclaimer

THE SERVICE PROVIDES HEALTH AND FITNESS INFORMATION, WORKOUT PLANS, AND NUTRITION GUIDANCE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

You should consult your physician or healthcare provider before beginning any fitness program, making changes to your diet, or if you have any concerns about your health. Do not disregard or delay seeking medical advice because of information provided through the Service. If you experience any of the following during exercise, stop immediately and seek medical attention: chest pain, dizziness, fainting, severe shortness of breath, or unusual discomfort. Avega, its coaches, and affiliates are not liable for any injury, health complication, or adverse effect resulting from your use of the Service. You assume full responsibility for your use of any workout, nutrition, or health information provided through the Service.

4. The Service

4.1. What We Provide

Avega provides a coach-led fitness platform that includes personalized workout plans, nutrition plans, progress tracking, video-guided workouts, community features (group chats, leaderboards, challenges, badges), wearable device integration, and related tools. Your experience is personalized based on information you provide during onboarding and ongoing usage.

4.2. Coaches

Coaches on Avega are independent fitness professionals who provide workout programming, nutrition guidance, and community leadership. Avega facilitates the connection between you and coaches but does not guarantee specific results. Coach availability, specialties, and community sizes may vary. You may switch coaches at any time, subject to your subscription plan terms.

4.3. Community Features

The Service includes community features such as coach-led group chats, leaderboards, challenges, achievement badges, and friend invites. By participating in community features, you agree to interact respectfully with other users and coaches. Your leaderboard ranking, streak data, and challenge participation may be visible to other members in your coach’s community.

5. Subscriptions and Payments

5.1. Free Trial

Avega offers a 7-day free trial for new users. No credit card is required to start the free trial. At the end of the trial period, you will be prompted to select a paid subscription plan to continue using the Service. If you do not subscribe, your access to premium features will be restricted.

5.2. Subscription Plans

The Service offers subscription plans billed on a monthly, quarterly, or annual basis. Subscription fees are charged in advance at the beginning of each billing cycle. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

5.3. Billing

If you subscribe through the Avega website, billing is processed through our third-party payment processor (e.g., Stripe). We do not store your payment card details. If you subscribe through the Apple App Store or Google Play Store, billing is governed by the respective app store’s terms and conditions.

5.4. Cancellation

You may cancel your subscription at any time. If you subscribed through the Avega website, cancel through your account settings. If you subscribed through an app store, cancel through the app store’s subscription management. Upon cancellation, you retain access to the Service until the end of your current billing period. No refunds are provided for partial billing periods.

5.5. Fee Changes

We may modify subscription fees at any time. We will provide at least 30 days’ notice before any fee change takes effect. Fee changes apply at the start of your next billing cycle after the notice period.

5.6. Refunds

Subscription fees are generally non-refundable except where required by law. Refund requests may be considered on a case-by-case basis at our sole discretion. For app store purchases, the respective app store’s refund policy applies.

6. Communications and Notifications

By creating an account and providing your contact information, you agree to receive transactional communications from Avega, including account confirmations, password resets, payment receipts, security alerts, and service updates. These communications are necessary for the operation of the Service and cannot be opted out of while your account is active. You may separately opt in to receive promotional and marketing communications via email, SMS, RCS, and push notifications. You may opt out of promotional communications at any time (see our Privacy Policy for details). Opting out of promotional communications does not affect transactional messages. By providing your phone number and opting in to SMS/RCS messages, you consent to receive recurring automated messages. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP to unsubscribe from promotional SMS/RCS at any time.

7. User Content

7.1. Your Content

You retain ownership of all content you create, upload, or share through the Service, including workout logs, progress photos, nutrition data, and community posts. By posting content to the Service, you grant Avega a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content solely for the purpose of operating and improving the Service.

7.2. Content Restrictions

You may not post, upload, or share content that is unlawful, threatening, harassing, defamatory, obscene, discriminatory, infringing on intellectual property rights, or otherwise objectionable. You may not use the Service to spam, solicit, or advertise products or services. We reserve the right to remove any content that violates these Terms and to suspend or terminate accounts of repeat offenders.

7.3. Coach Content

Workout plans, nutrition guidance, and other content provided by coaches through the Service are for your personal use only. You may not reproduce, distribute, or commercialize coach content without express written permission from the coach and Avega.

8. Wearable Device Integration

The Service supports integration with Apple Watch, Fitbit, Garmin, Whoop, and other compatible wearable devices. By connecting a wearable device, you authorize Avega to access and process health and fitness data from that device in accordance with our Privacy Policy. You may disconnect your wearable device at any time through your account settings. Avega is not responsible for the accuracy or availability of data from third-party wearable devices.

9. Intellectual Property

The Service, including all software, design, content, features, branding, trademarks, and functionality, is owned by Avega and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on any part of the Service without our prior written consent. The Avega name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Avega Inc. You may not use these marks without our prior written permission.

10. Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant Avega a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right to use, modify, and incorporate such feedback without restriction or compensation.

11. Prohibited Uses

You agree not to use the Service to: Violate any applicable law, regulation, or these Terms Impersonate any person or entity, or misrepresent your affiliation Interfere with or disrupt the Service or servers Attempt to gain unauthorized access to any part of the Service Scrape, crawl, or use automated means to access the Service Upload viruses, malware, or other harmful code Use the Service for any commercial purpose not expressly permitted Harass, bully, or threaten other users or coaches Share another user’s personal information without their consent

12. Termination

We may suspend or terminate your account at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Service ceases immediately. You may terminate your account by contacting support@avega.app or through your account settings. Sections that by their nature should survive termination (intellectual property, limitation of liability, indemnification, dispute resolution) will survive.

13. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. AVEGA DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not guarantee that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee specific fitness or health results from using the Service. Results vary based on individual effort, consistency, genetics, and other factors beyond our control.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVEGA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, COACHES, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid to Avega in the 12 months preceding the claim, or $100, whichever is greater.

15. Indemnification

You agree to indemnify, defend, and hold harmless Avega, its officers, directors, employees, coaches, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising from your use of the Service, your violation of these Terms, your content, or your violation of any third-party rights.

16. Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall be conducted individually. You waive any right to participate in a class action or class arbitration. For disputes involving less than $10,000, arbitration may be conducted entirely online or by phone. The arbitration shall take place in (to be decided). Each party shall bear its own costs, and the arbitrator’s decision shall be final and binding. Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights.

17. Governing Law

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 provisions. If you are in the European Union, you retain any mandatory protections provided by the laws of your country of residence.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

19. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days’ notice of material changes by posting the updated Terms on our website and, where appropriate, by email or in-app notification. Your continued use of the Service after changes become effective constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Service.

20. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Avega regarding your use of the Service and supersede all prior agreements, understandings, and communications.

21. Contact Us

If you have questions about these Terms, contact us at: Avega Inc. Email: connect@avega.app Support: support@avega.app