These terms are the agreement between you and Vividia Infosys, Kathmandu, Nepal ("we", "us") for the VivFit mobile apps, the vivfit.app website and related services (together, "VivFit"). Please read them with our Privacy Policy and the in-app Health Disclaimer. By creating an account or using VivFit you accept these terms.
Accepting these terms
By creating an account, tapping to accept, or using VivFit, you agree to these terms. If you do not agree, please do not use VivFit. If you use VivFit for someone else, such as a child in your care, you are responsible for making sure these terms are suitable for them.
Who can use VivFit
- You must be at least 13 years old. [CONFIRM: minimum age, including countries where the age of digital consent is higher than 13.] If you live somewhere that requires a higher age to agree to online services, you must be at least that age or have a parent or guardian's permission.
- If you are under 18, please ask a parent or guardian before using VivFit and talk to a doctor before changing your diet or exercise. Some features, such as Body Check, are only for adults.
- You must give accurate information, especially the details that affect your targets (age, height, weight, pregnancy or breastfeeding status).
- VivFit is for personal, non-commercial use. We may refuse or end service where the law, a store rule or our safety rules require it.
What VivFit is
VivFit helps you track food, water, workouts, body measurements and progress, and provides meal and training suggestions, health-app connections, private progress photos (Journey), an AI coach and Body Check. Some features are free and some need a Pro subscription. Features can differ by country, platform and app version, and some may be in beta.
Not medical advice
VivFit provides general wellness, fitness and nutrition information. It is not medical advice and does not diagnose, treat, cure or prevent any disease or condition.
- Targets, meal plans, workouts, reports and AI answers are estimates for healthy adults. They are not a substitute for advice from your doctor, registered dietitian, pharmacist or other qualified professional.
- If you have a medical condition, take medication, are pregnant or breastfeeding, are under 18, or have a history of disordered eating, speak to a professional before changing your diet or exercise. In those cases VivFit uses a more cautious mode, for example no calorie deficit and targets shown as general guidance.
- Never start, stop or change any medication or treatment because of the app.
- Allergen and nutrition information depends on product data that can be wrong or incomplete. Always read labels if you have an allergy.
- Stop exercising and seek help if you feel chest pain, faintness, severe shortness of breath or sharp pain.
- In an emergency, call your local emergency number. If you are struggling with food, body image or your mental health, please contact a professional or a local helpline. The app lists support resources by country.
You use VivFit and follow any plan at your own risk. Exercise carries a risk of injury.
Your account
- You can sign up with an email code or password, or with Apple or Google. Keep your sign-in details private and tell us at once if you think someone else has used your account. You are responsible for activity under your account.
- One person, one account. Do not share your account or sell or transfer it.
- You can change your details in the app. We may suspend or close an account that breaks these terms, is used to abuse the service, or where a store or the law requires.
- To delete your account, see "Ending your account and deleting your data" below.
Free and Pro subscriptions
VivFit has a Free plan and a paid Pro plan. Free has daily limits on features such as AI photo scans, and some features (for example the AI coach, Body Check, workout auto-detection and the full Journey features) need Pro. The current limits and features are shown in the app. We may change them, with notice where the law requires.
- Billing through the stores. Pro is bought in the Apple App Store or Google Play, billed by them, in your local currency, at the price shown at purchase. We do not receive your card details. Your purchase is also governed by the store's terms.
- Automatic renewal. Pro renews automatically for the same period (monthly or annual) at the then-current price unless you cancel at least 24 hours before the period ends, or earlier where the store requires. We will tell you about price changes as the store requires.
- Free trial. Where we offer one, it is a store introductory offer, currently seven days on the annual plan only. If you do not cancel before the trial ends, you will be charged. [CONFIRM: trial terms, and that no trial is given at sign-up outside the store offer.]
- Cancelling. Cancel in your App Store or Google Play subscription settings. Pro stays active until the end of the period you paid for. Deleting your VivFit account does not cancel your store subscription.
- Refunds. The stores handle refunds under their own policies. Nothing here limits any refund right you have under the law.
- Referral rewards. Where a "give one month, get one month" referral applies, each side receives one month of Pro for a converted referral, up to a yearly limit per person. Referral rewards have no cash value and we may end or change the programme or refuse rewards for abuse or self-referral.
- Access we may give you. We may give some users Pro access for a set time, for example for support reasons. This is free of charge, may end without a charge, and is not a subscription.
- Fair use. Pro features that use AI have fair-use limits to keep the service available for everyone.
- If Pro ends. You keep your data and your Journey. Over-limit Journeys become read-only, and nothing is deleted. You can always view and export your own data.
Acceptable use
Please do not:
- break the law, or use VivFit to harass, harm or deceive anyone;
- upload photos or content you have no right to use, content showing anyone else without their consent, content involving children, or sexually explicit or violent material;
- try to access another person's account or data, or probe, scan or test our systems without our written permission;
- reverse engineer, scrape, copy or resell VivFit, or use bots or automated tools against it, except as the law allows;
- bypass limits, subscription checks or safety features, or abuse referrals or free trials;
- use VivFit to give medical advice to others, or to promote eating disorders or dangerous diets;
- upload malware, or send inputs designed to manipulate the AI features (for example prompt injection).
Your content
"Your content" is what you put into VivFit: logs, notes, messages, photos and Journey entries. You own it. You give us a limited, worldwide, non-exclusive, royalty-free licence to host, store, process and display it only to run VivFit for you, for example to store and show your Journey photos, process a meal photo you scan, and make your export. This includes allowing our service providers to do those things for us.
We do not use your content for advertising, to train AI models, or to show to other users. Journey photos are private. They are never sent to AI and never visible to our staff. When you share something, you choose where it goes. Once it is shared outside VivFit, we cannot take it back, and the other service's rules apply.
You are responsible for your content and for having the right to upload it. The licence ends when you delete the content or your account, apart from the limited periods described in the Privacy Policy (for example in encrypted backups).
AI-generated content
Some features use AI, including the coach, meal and label scans, recipe suggestions, weekly report text and Body Check. AI can be wrong, incomplete or out of date. It can misread a photo, mistake a food, or give estimates that do not fit you.
- Always check results before you log or rely on them. Meal scan results are drafts you confirm.
- Body Check gives estimated ranges and general bands, not exact measurements, and it is not a medical or diagnostic tool. It is limited to adults and is not offered where a safety rule applies (for example some health safeguards).
- The coach is for general wellness only. It will not diagnose conditions or advise on medication, and it may refuse some questions.
- Do not enter anything into free-text fields that you do not want processed.
How AI features handle your data is explained in the Privacy Policy.
Third-party services
VivFit works with other services, and their terms apply to your use of them.
- Apple Health and Health Connect. You choose what VivFit may read or write. Their availability, accuracy and settings are controlled by Apple, Google and your device or wearable maker, not us. VivFit cannot change data in them other than what you allow us to write.
- App stores (Apple and Google) for downloads, subscriptions, refunds and in-app purchases.
- Sign in with Apple and Google, push notification services, maps and nutrition databases that VivFit uses.
- Links to other websites are not endorsements, and we are not responsible for them.
If you downloaded the iOS app, Apple is not a party to these terms, has no obligation to provide support for VivFit, and is a third-party beneficiary who may enforce these terms against you. The same applies to Google for the Android app, as far as Google's terms require.
Intellectual property
VivFit, its software, design, brand, exercise and recipe content, text, images, videos and databases belong to us or our licensors and are protected by law. We give you a personal, limited, non-exclusive, non-transferable, revocable licence to use the app and website for their intended purpose. You may not copy, modify, distribute or create derivative works, except as the law or these terms allow. "VivFit" and our logos are our trademarks. Open-source components remain under their own licences, listed in the app (Settings, About, Licences).
If you send us feedback or ideas, we may use them without owing you anything, but we will not use your personal information in a way that breaks the Privacy Policy.
Availability and changes
We work to keep VivFit running but cannot promise it will always be available, error-free or uninterrupted. We may update, change, limit or end features, require an app update, or perform maintenance, and we will give reasonable notice of significant changes that make the service materially worse where we can. Offline use may be limited, and data you enter offline syncs when you are back online.
Ending your account and deleting your data
- You can stop using VivFit at any time. You can delete your account in the app (Settings, Privacy), or, if you cannot open the app, by emailing privacy@vivfit.app from the address on your account.
- Grace period. Deletion starts a 30-day grace period during which you can cancel in the app. After that, your account and stored data are permanently erased as described in the Privacy Policy.
- Subscriptions. Cancel them in your store. Deleting the account does not stop billing.
- We may suspend or end your access if you seriously or repeatedly break these terms, if we must by law, or to protect users or the service. Where practical we will tell you why and, if fair, give you a chance to put it right.
- Export. You can export your data before you leave (Settings, Privacy).
- Sections that by their nature should continue (for example intellectual property, disclaimers, liability and governing law) survive ending.
Disclaimers
VivFit is provided "as is" and "as available". To the extent the law allows, we do not promise that VivFit will meet your goals, give particular results (such as weight loss, muscle gain or fitness changes), or that its estimates, scans, targets, plans, reports or AI answers are accurate or complete. We are not responsible for the content, accuracy or availability of third-party services, devices or wearables.
Nothing in these terms limits any right you have as a consumer that cannot be limited by law.
Limitation of liability
To the fullest extent the law allows:
- we are not liable for indirect or consequential loss, loss of profit, loss of data or loss of opportunity, or for any loss that was not a foreseeable result of our breach;
- we are not liable for injury, illness or other harm resulting from following exercise, nutrition or other suggestions, or from relying on AI output instead of professional advice, beyond what the law does not allow us to exclude; and
- our total liability to you for all claims relating to VivFit is limited to the greater of the amount you paid us for Pro in the 12 months before the claim, or [AMOUNT - confirm].
Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be excluded or limited by law. Some countries do not allow certain limits, so some of the above may not apply to you.
Indemnity
To the extent the law allows, you will compensate us for losses, claims and reasonable costs arising from your breach of these terms, your unlawful use of VivFit, or content you upload that you had no right to upload. This does not apply to consumers where the law does not permit it.
Governing law and disputes
These terms are governed by the laws of Nepal, and the courts of Kathmandu have non-exclusive jurisdiction. [CONFIRM with counsel: governing law, venue, and any arbitration clause.]
Your local consumer rights. If you are a consumer, nothing in these terms takes away the mandatory consumer-protection rights of the country where you live, including your right to bring a claim in your local courts where the law gives you that right. If you are in the EU or UK, the online dispute resolution rules that apply to us, if any, are [confirm]. Please contact us first at support@vivfit.app and we will try to sort things out.
Changes to these terms
We may change these terms, for example when we add features or the law changes. We will tell you about significant changes in the app or by email before they take effect, and the date above shows the latest version. If you keep using VivFit after the change takes effect, you accept the new terms. If you do not agree, you can stop using VivFit and delete your account.
General
If a part of these terms cannot be enforced, the rest still applies. If we do not enforce a term, that is not a waiver. You may not transfer your rights under these terms; we may transfer ours to a successor of our business. These terms, with the Privacy Policy and in-app notices, are the whole agreement between us about VivFit.
Contact
Questions about these terms: support@vivfit.app. Privacy questions: privacy@vivfit.app.
Vividia Infosys, Kathmandu, Nepal. [REGISTERED ADDRESS - confirm]