Terms and Conditions

Welcome to Boomslang Fitness Virtual Trainer! Before using our application, please read these Terms and Conditions ("Terms") carefully. By accessing or using the Software, you agree to be bound by these Terms. If you do not agree, do not use the application.

1. Use of the Software

• The application provides general information, workouts, and diet plans for educational and informational purposes only. It does not provide medical advice, diagnosis, or treatment.
• It is not a substitute for professional medical advice, diagnosis, or treatment. Always consult your physician or qualified healthcare provider before beginning any fitness program or diet—whether suggested by the app or a human trainer.
• This application is not intended for use in medical emergencies. If you are experiencing a medical emergency, call 911 or your local emergency services immediately.
• Your use of the Software is entirely voluntary. Boomslang Fitness assumes no liability for any injury, harm, illness, death, or adverse effects resulting from use of the Software, workouts, or nutrition guidance.

2. Assumption of Risk and Voluntary Waiver

BY USING THIS SOFTWARE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

• Physical exercise involves inherent risks of injury, including but not limited to muscle strains, joint injuries, cardiovascular events, and in extreme cases, death. You voluntarily and knowingly assume all such risks, whether known or unknown.
• You represent that you are in adequate physical health to engage in exercise and that you have consulted or will consult a licensed physician prior to beginning any workout or diet program.
• You are solely responsible for assessing your own physical and mental readiness before following any suggestion in the app.
• You are solely responsible for determining whether a given workout or diet plan is appropriate for your fitness level, health condition, or dietary needs.
• Stop any exercise immediately if you experience pain, dizziness, shortness of breath, chest pain, or any other concerning symptom, and seek medical attention promptly.

3. Allergies and Dietary Requirements

• All meal plans and nutrition suggestions are general and are not tailored to individual allergies, intolerances, or medical conditions.
• We are not licensed nutritionists or dietitians. Nothing in this app constitutes personalized nutrition advice.
• Always check ingredients and consult a medical professional or licensed registered dietitian before following any dietary recommendation.
• Boomslang Fitness is not liable for any adverse health reactions, allergic responses, or medical complications arising from following nutrition suggestions in the app.

4. AI-Generated Content Disclaimer

• The Software uses artificial intelligence to generate workout and nutrition suggestions based on data you provide. AI-generated content may be inaccurate, incomplete, outdated, or unsuitable for your individual circumstances. AI systems can produce errors, including outputs sometimes called "hallucinations."
• AI-generated suggestions are not reviewed or approved by a licensed medical professional, certified personal trainer, or registered dietitian prior to delivery.
• No personally identifiable information is transmitted to OpenAI. All data used for AI analysis remains within our secured system.
• You agree to independently verify any AI-generated recommendation with a qualified medical or fitness professional before acting on it. Boomslang Fitness expressly disclaims all liability for harm arising from reliance on AI-generated content.

5. Account and Age Requirements

• You must be at least 13 years of age to use this Software. Use by individuals under 13 is strictly prohibited in compliance with the Children's Online Privacy Protection Act (COPPA). If we become aware that a user is under 13, we will terminate the account and delete associated data.
• If you are between 13 and 17 years of age, you represent that you have obtained verifiable parental or guardian consent prior to registering.
• Users must provide a valid email address and a password. Passwords are stored using industry-standard encryption. Boomslang Fitness does not store unencrypted credentials.
• You are responsible for maintaining the confidentiality of your account and all activity that occurs under it.

6. Intellectual Property

• All content, branding, and code are the intellectual property of Boomslang Fitness or its licensors and are protected by applicable copyright, trademark, and other laws.
• Use of the app is limited to personal, non-commercial use only. No content may be copied, modified, distributed, or commercially exploited without prior written consent from Boomslang Fitness.

7. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, Boomslang Fitness expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Any warranty that the Software will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
• Any warranty regarding the accuracy, reliability, completeness, or timeliness of any content, including AI-generated content.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• Boomslang Fitness, its officers, directors, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages—including but not limited to personal injury, bodily injury, death, property damage, loss of data, or loss of revenue—arising out of or in connection with your use of or inability to use the Software.
• In no event shall Boomslang Fitness's total aggregate liability to you for any and all claims exceed the greater of (a) the total fees paid by you to Boomslang Fitness in the twelve (12) months immediately preceding the claim, or (b) fifty U.S. dollars ($50.00).
• We make no guarantees about the accuracy, completeness, safety, or effectiveness of any information provided through the Software.
• Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

9. Indemnification

• You agree to indemnify, defend, and hold harmless Boomslang Fitness and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and attorneys' fees arising out of or relating to: (a) your use or misuse of the Software; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any content you submit, post, or transmit through the Software.

10. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

• Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Software shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.
• Class Action Waiver: YOU AND BOOMSLANG FITNESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
• Exceptions: Either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or to prevent irreparable harm pending arbitration.
• If any part of this arbitration agreement is found unenforceable, the remaining parts shall remain in full force and effect.

11. Modifications and Termination

• We reserve the right to modify, suspend, or discontinue any part of the Software or these Terms at any time, with or without notice.
• Your continued use of the Software after any modification constitutes your acceptance of the revised Terms.
• We reserve the right to terminate or suspend your account at any time for any reason, including violation of these Terms, without liability to you.

12. Data Privacy and Security

• Payment processing is handled exclusively through Stripe (web) or the Apple App Store. Boomslang Fitness does not store full payment card information.
• Fitness and health data you provide is collected solely to deliver and improve the personalized experience and is not sold to third parties.
• Your data is stored in the United States. If you are located outside the United States, you consent to the transfer of your data to the United States, which may have different data protection laws than your jurisdiction.
• To request deletion of your personal data, contact us at boomslangfitness@gmail.com. We will process verified requests within 30 days.
• California residents may have additional rights under the California Consumer Privacy Act (CCPA). Contact us to exercise any applicable rights.

13. Governing Law and Jurisdiction

• These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.
• To the extent that any dispute is not subject to mandatory arbitration under Section 10, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Guilford County, North Carolina.

14. General Provisions

• Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Boomslang Fitness regarding the Software and supersede all prior agreements, representations, and understandings.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign these Terms or any rights hereunder without our prior written consent. We may assign these Terms freely.

15. Contact

• If you have questions or requests related to these Terms, contact us at boomslangfitness@gmail.com.

Last updated: May 11, 2026