These Terms of Service ("Terms") are an agreement between you and Elevert("we", "us", or "our") governing your use of the Elevertapp and related services (the "Service"). By accessing or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.
1. The Service
The Service provides coaching programs, workout plans, nutrition guidance, progress tracking, and related content delivered by Elevert. The Service is built on a third-party coaching software platform (the "Platform Provider"), which hosts and operates the underlying technology. The Platform Provider is not a party to the coaching relationship between you and Elevert and does not endorse or guarantee any coaching services or content.
2. Eligibility and Accounts
You must be at least 18 years old to use the Service. You are responsible for your account credentials and for all activity under your account. You agree to keep your account information accurate and to notify us immediately of any unauthorized access.
3. Health, Safety, and Assumption of Risk
Neither Elevert nor the Platform Provider is a healthcare provider. The Service does not provide medical advice, diagnosis, or treatment.
- Always consult a qualified physician or other healthcare professional before beginning, changing, or stopping any exercise, fitness, or nutrition program.
- If you experience pain, dizziness, shortness of breath, or any other concerning symptoms, stop immediately and seek medical help.
- Physical exercise and dietary changes carry inherent risks, including the risk of serious injury. You undertake all activities suggested through the Service entirely at your own risk.
- Food, recipe, and nutrition information in the Service is sourced from third-party databases and is provided for informational purposes only, with no guarantee of accuracy. Always verify ingredient and allergen information independently.
4. Your Content
You retain ownership of the content you submit to the Service (such as progress photos, logs, and messages). You grant us and our Platform Provider a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt, and display that content solely to operate and provide the Service to you. You represent that you have the rights to any content you upload and that it does not infringe the rights of others.
5. AI Features
Certain features use third-party artificial intelligence providers (such as Anthropic, OpenAI, and Google) to generate content such as workout or meal suggestions. These providers do not use your data to train their models, and your content and personal data are not used to train proprietary AI models. AI-generated outputs may be inaccurate and are not medical, nutritional, or professional advice.
6. Acceptable Use
You agree not to:
- Violate any law or post unlawful, defamatory, obscene, or hateful content.
- Upload malicious code or attempt unauthorized access to the Service.
- Scrape, copy, or harvest data from the Service.
- Reverse engineer the Service or circumvent security protections.
- Use the Service or its content to train AI models.
- Engage in spam or fraudulent activity.
- Impersonate others or misrepresent your affiliation.
- Post false medical or nutrition claims.
We may remove content, limit features, or suspend or terminate accounts for violations of these Terms.
7. Third-Party Services
The Service relies on third-party services, including cloud and analytics providers, nutrition databases, and AI providers. Your use of those services may be subject to their own terms, and we are not responsible for third-party services.
8. Service Availability and Changes
We and our Platform Provider may modify, suspend, or discontinue the Service or any feature at any time. No service-level guarantee is provided. Beta or preview features are provided "as is" and may change or be discontinued at any time.
9. Intellectual Property
The Service, including its software, design, and content (excluding your content), is owned by Elevert, the Platform Provider, or their licensors and is protected by intellectual property laws. You may not use our names, logos, or branding without prior written permission.
10. Privacy and Data Deletion
Your use of the Service is subject to our Privacy Policy. You can request deletion of your account and data in-app (Settings → Account → Delete Account) or by emailing eleonora@elevert.co. Verified requests are processed within 30 days, subject to legal retention requirements.
11. Suspension and Termination
We may suspend or terminate your access for breach of these Terms or legal risk. You may stop using the Service at any time. Where feasible, you may request an export of your data before termination.
12. Disclaimers
The Service is provided "as is" and "as available." To the maximum extent permitted by law, we and our suppliers disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be uninterrupted, secure, or error-free, or that you will achieve any particular fitness, health, or other results.
13. Limitation of Liability
To the maximum extent permitted by law, Elevert and its suppliers (including the Platform Provider) will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill. Our total liability for all claims relating to the Service will not exceed the greater of US$100 or the amounts you paid for the Service in the 12 months before the event giving rise to the claim.
14. Indemnification
You will indemnify and hold Elevert, the Platform Provider, and their officers, directors, employees, and agents harmless from any claims, losses, and expenses (including reasonable attorneys' fees) arising from or related to your content, your use of the Service, your breach of these Terms, or your violation of applicable law.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, United States, excluding its conflict of laws rules. For users in the United States, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration, and you and we waive any right to a jury trial or to participate in a class action. Small claims court remains available for eligible claims. If you are a consumer in the EU or UK, mandatory provisions of the law of your home country continue to apply.
16. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice through the Service or by email. Continued use of the Service after the effective date of updated Terms constitutes acceptance.
17. Contact
Questions about these Terms? Contact us at eleonora@elevert.co.