Terms of Use

1. Who we are, and accepting these Terms

These Terms of Use (“Terms”) are a binding agreement between you and FiThrive, the operator of the FiThrive mobile and web application and the website at fithrive.app (together, the “Services”). In these Terms, “we,” “us,” and “our” mean FiThrive; “you” means the person using the Services.

By creating an account, or by accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

FiThrive is provided to sports teams and organizations and the people in them. If you use the Services on behalf of a team, club, or organization (your “Organization”), you represent that you are authorized to accept these Terms for yourself, and the Organization is responsible for its use of the Services. Where an Organization has a separate written agreement with us, that agreement governs if it conflicts with these Terms for that Organization.

2. How FiThrive works

FiThrive helps teams monitor athlete readiness, plan their season, and communicate. Access is invite-only: you join through an Organization that runs FiThrive for its athletes and staff. Your Organization configures roles (for example athlete, coach, staff, or admin) and decides who can see what within it.

The Services do not collect data from wearables or device health sensors, do not provide medical or health-care services, and are not a medical device. See Sections 7 and 8.

3. Eligibility and age

The Services are intended for people aged 16 and over. A person under 16 may use the Services only through an Organization that has obtained any parental or guardian consent required by law in their jurisdiction. We do not knowingly create accounts for children under 13. If you are under the age required in your jurisdiction, do not use the Services. See the Privacy Policy for how we handle minors’ data.

You are responsible for ensuring that your use, and (if you are an Organization) your members’ use, complies with the laws that apply to you.

4. Your account and security

• Accurate information. Keep your account information accurate and up to date.
• Credentials. You are responsible for keeping your password and any recovery method secure, and for activity under your account. Coach, staff, and admin accounts are required to use multi-factor authentication.
• Encryption keys. Some features protect your data with end-to-end encryption tied to your password and recovery method. If you lose both, the affected content may be permanently unrecoverable – we cannot recover it for you, because we do not hold the keys. See Section 8.
• Notify us. Tell us promptly at info@fithrive.app if you suspect unauthorized use of your account.

5. Acceptable use

You agree not to:

• use the Services unlawfully, or to harass, abuse, threaten, or harm anyone;
• upload content you have no right to share, or that is unlawful, infringing, or malicious;
• attempt to access data or accounts that are not yours, or bypass security, permissions, or encryption;
• probe, scan, overload, disrupt, reverse-engineer, or scrape the Services, except where such a restriction is prohibited by law;
• use the Services to build a competing product, or resell or sublicense them without our permission; or
• misrepresent your identity or authority, including your authority to enroll or manage other users.

We may investigate and take appropriate action, including suspending or terminating access, for conduct that violates these Terms or harms the Services or others (see Section 13).

Objectionable content. We do not tolerate content or conduct that is harassing, abusive, threatening, hateful, or otherwise objectionable. If you encounter such content in the App, you can report it to your team administrator using the in-app report option, and your Organization’s staff and administrators can review and act on it. We may remove content and suspend or terminate accounts that breach these Terms.

6. Your content

You keep ownership of the content you submit – messages, notes, form responses, files, and profile information (“Your Content”). You grant us a limited license to host, store, transmit, and display Your Content solely to operate and provide the Services to you and your Organization.

You are responsible for Your Content and for having the rights and any consents needed to submit it. Within your Organization, people it authorizes may access Your Content according to the roles and permissions the Organization configures.

Much of Your Content – direct, group, and channel messages, notes, uploaded files, and readiness form answers – is end-to-end encrypted, meaning our servers store only ciphertext we cannot read (see Section 8 and the Privacy Policy).

7. No medical advice; assumption of risk

FiThrive is not a medical service and does not provide medical advice. Readiness scores, wellness inputs, analytics, and any other outputs are provided for general informational and athletic-performance purposes only. They are not medical advice, diagnosis, or treatment, and are not a substitute for the judgment of a qualified physician, health-care provider, or licensed professional.

• No emergency use. The Services are not designed for emergencies. If you think you have a medical emergency, contact your local emergency services immediately. Do not rely on the Services to detect or alert anyone to a health condition.
• Professional judgment. Coaches, staff, and Organizations are responsible for their own training, selection, medical, and safety decisions. Any use of information from the Services to make such decisions is at their own discretion and risk.
• Assumption of risk. Physical training and athletic activity carry inherent risks of injury. You (and, for a minor, their parent, guardian, or Organization) assume those risks. You should obtain medical clearance where appropriate and stop any activity that feels unsafe.

8. Automated outputs, and end-to-end encryption

Readiness and analytics. FiThrive computes readiness scores and similar outputs from the wellness information you enter (such as sleep, mood, soreness, and fatigue). These are automated, informational estimates – they do not make decisions about you, and they should be interpreted by a person exercising their own judgment. If you would like a human to review an output that affects you, contact your Organization or us at info@fithrive.app.

End-to-end encryption. Your sensitive content is encrypted on your device, and we store only ciphertext we cannot read. This protects your data strongly, but it has a consequence: if you lose your password and your recovery method, that content cannot be recovered. Data exports and access requests can include the data we can read, but not the plaintext of end-to-end-encrypted content, which remains available to you inside the App.

9. Privacy

Our Privacy Policy explains what personal data we handle and your rights over it. By using the Services, you acknowledge the Privacy Policy. Where your Organization decides how your data is used within the Services, it acts as a controller (or joint controller with us), and its own privacy notice may also apply.

10. Fees and payment

FiThrive is sold to Organizations, not through in-app purchases. We do not charge consumers through the App, and we do not operate automatically renewing subscriptions.

• How fees work. Where fees apply, they are set out in a separate order form or written agreement with the Organization and are invoiced accordingly. Unless that agreement says otherwise, fees are non-refundable except where required by law.
• Late payment. We may suspend or end access for non-payment after giving reasonable notice to the Organization.
• Taxes. Fees are exclusive of taxes, which are the Organization’s responsibility unless stated otherwise.

If we introduce any consumer or in-app purchases in the future, we will present the applicable pricing and terms at the point of purchase.

11. Third-party services and app stores

The Services rely on third-party providers – including Supabase, Google/Firebase, Apple, and Resend – as described in the Privacy Policy. We are not responsible for third-party services, and your use of them may be subject to their own terms.

If you obtain the App through the Apple App Store, Google Play, or another platform, that platform’s terms also apply. For the Apple App Store, you acknowledge that:

• these Terms are between you and FiThrive only, not Apple, and Apple is not responsible for the App or its content;
• Apple has no obligation to provide maintenance or support for the App;
• to the extent required, Apple is a third-party beneficiary of these Terms and may enforce them against you; and
• you comply with applicable third-party and platform usage rules.

12. Intellectual property

The Services, including the software, design, and content we provide (but excluding Your Content), are owned by FiThrive and its licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose while these Terms are in effect. All rights not expressly granted are reserved. You may not copy, modify, distribute, or create derivative works from the Services except as allowed by law or with our permission.

If you send us feedback or suggestions, we may use them without obligation to you.

13. Suspension and termination

You may stop using the Services and delete your account at any time from settings. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Services or other users.

When your account is deleted, we handle your data as described in the Privacy Policy (anonymization, crypto-shredding of your keys, and limited retention where necessary). Sections that by their nature should survive – including Sections 7, 12, 14, 15, 16, and 17 – continue after termination.

14. Disclaimers

The Services are provided “as is” and “as available,” without warranties of any kind, to the fullest extent permitted by law. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or that outputs will be accurate or reliable. Some jurisdictions do not allow certain disclaimers, so some of these may not apply to you.

15. Limitation of liability

To the fullest extent permitted by law:

• neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill; and
• our total liability arising out of or relating to the Services and these Terms will not exceed the greater of the amount the relevant Organization paid us for the Services in the twelve months before the claim, or US$100.

Nothing in these Terms limits liability that cannot be limited by law (for example, for fraud or for death or personal injury caused by negligence where such limitation is prohibited). If you are a consumer, you keep any mandatory rights your local law gives you.

16. Indemnification

To the extent permitted by law, you (and, where applicable, your Organization) agree to indemnify and hold FiThrive harmless from claims, damages, and reasonable costs arising out of Your Content, your use of the Services, or your breach of these Terms or of applicable law – except to the extent caused by us.

17. 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 EEA or the UK, the mandatory consumer-protection and data-protection laws of your country of residence still apply, and nothing here removes rights you cannot waive.

Informal resolution first. Please contact us at info@fithrive.app so we can try to resolve any dispute informally before formal proceedings.

Arbitration (US users). Except as noted below, you and FiThrive agree to resolve disputes by final, binding individual arbitration administered by JAMS under its applicable rules, seated in Wilmington, Delaware. You and FiThrive waive the right to a jury trial and agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class or representative proceeding. Either party may still seek relief in small-claims court or seek injunctive relief for intellectual-property or misuse claims.

EEA/UK exception. This arbitration agreement and class-action waiver do not apply to users in the EEA or the UK, who may bring disputes in their local courts under their local law.

18. Changes to these Terms

We may update these Terms as the Services and the law evolve. If we make a material change, we will update the “Last updated” date and, where appropriate, notify you in the App or by email. Your continued use after a change takes effect means you accept the updated Terms; if you do not agree, stop using the Services.

19. General

• Notices. We may give notices through the App, by email, or by posting on fithrive.app. Send legal notices to info@fithrive.app.
• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets – including the formation of FiThrive, Inc.
• Severability and waiver. If any provision is unenforceable, the rest stays in effect; our failure to enforce a provision is not a waiver.
• Entire agreement. These Terms and the documents they reference are the entire agreement between you and us about the Services, superseding prior understandings.

20. Contact