1. Introduction and Acceptance of These Terms
These Terms and Conditions of Use, together with any documents, notices, policies, or supplemental terms incorporated herein by reference (collectively, the “Terms”), govern the access to, registration for, subscription to, and use of the mobile application and related digital services known as BeFit Ai (the “App,” “Platform,” or “Service”). The Service is owned and operated by Joseph Nuzhny Rybaloff (“BeFit Ai,” “Owner,” “we,” “us,” or “our”).
By downloading, accessing, browsing, creating an account, purchasing a subscription, posting content, using any artificial intelligence feature, or otherwise interacting with BeFit Ai, each user (“User,” “you,” or “your”) acknowledges that he or she has read, understood, and agreed to be legally bound by these Terms. Users who do not agree with these Terms must not access, use, download, register for, subscribe to, or otherwise interact with the Service.
BeFit Ai is designed as a digital fitness, nutrition, hydration, wellness, and social engagement platform. The App may provide general workouts, personalized workout plans, personalized diet plans, hydration tracking tools, social posting features, messaging functionality, comment functions, friend connections, and an AI-powered coaching interface, depending on the subscription tier selected by the User. The App is expected to be distributed through the Apple App Store and Google Play Store, and certain transactions, renewals, cancellations, or account settings may be governed additionally by the applicable app-store terms.
These Terms are intended to operate as a binding agreement under applicable United States law, including the laws of the State of New Jersey, and, where applicable, federal consumer protection rules relating to online subscriptions, digital services, copyright, user-generated content, and wellness-related claims. The New Jersey Truth-in-Consumer Contract, Warranty and Notice Act is codified at N.J.S.A. 56:12-14 et seq., and consumer-facing terms must not purport to waive non-waivable consumer rights under applicable law.
2. Description of the Service
BeFit Ai provides digital fitness and wellness tools intended for individuals who wish to improve their lifestyle, athletes seeking sport-specific training support, and users who want structured guidance for workouts, diet planning, hydration, and community interaction. The Service may include different feature levels, and the precise features available to any User will depend on the User’s subscription plan, device, geographic location, app version, and applicable technical limitations.
The anticipated subscription structure includes the following general categories:
Essential Plan: The Essential Plan may include basic workouts, general fitness materials, basic meal ideas, and non-personalized guidance suitable for general wellness use.
Pro Plan: The Pro Plan may include personalized workout plans, personalized diet plans, athlete-specific fitness planning, lifestyle-improvement programs, and hydration tracking, based on the User’s onboarding questionnaire and information supplied by the User.
Elite Plan: The Elite Plan may include the highest available level of personalization, customized diet planning, hydration tracking, access to a personalized AI coach, and social-platform features, including posting, commenting, adding friends, messaging, and other community interactions.
Feature descriptions are provided for general informational purposes only. BeFit Ai may add, modify, suspend, restrict, or discontinue particular functions at any time, provided that any such change shall not limit mandatory rights that a consumer may have under applicable law. Certain features may be released in stages, may remain in beta, or may depend on third-party infrastructure, operating-system permissions, payment processors, app-store rules, and device capabilities.
3. Eligibility, Account Registration, and User Responsibilities
To use BeFit Ai, you must be at least 13 years of age. Users under the age of majority in their jurisdiction may use the Service only with the consent and supervision of a parent or legal guardian. BeFit Ai is not directed to children under 13. Under the Children’s Online Privacy Protection Rule, operators of websites or online services directed to children under 13, or operators with actual knowledge that they are collecting personal information from a child under 13, are subject to specific notice and parental-consent obligations.
By creating an account, you represent that all information provided during registration, onboarding, questionnaire completion, subscription purchase, and continued use is accurate, current, and complete. Because BeFit Ai may generate or adjust recommendations based on information that you provide, inaccurate, incomplete, misleading, outdated, or intentionally false responses may materially affect the suitability, safety, or usefulness of any workout, nutrition, hydration, or wellness output.
You are responsible for maintaining the confidentiality of your login credentials, subscription access, account settings, and device security. Any activity occurring under your account may be treated as your activity, unless applicable law requires otherwise or unless unauthorized access is promptly reported to BeFit Ai. You agree to notify us without undue delay if you suspect account compromise, unauthorized access, improper billing activity, or misuse of your profile.
4. Health, Fitness, Nutrition, and Medical Disclaimer
BeFit Ai is a wellness and fitness technology service. It is not a medical provider, medical device, hospital, clinic, dietetic practice, physical therapy provider, mental health provider, emergency service, or substitute for professional medical advice, diagnosis, treatment, rehabilitation, injury assessment, or disease management. The App is intended to support general wellness, physical fitness, lifestyle improvement, nutrition organization, and personal motivation.
No content provided through BeFit Ai should be interpreted as medical advice. Workouts, exercise routines, nutrition suggestions, hydration reminders, lifestyle guidance, progress estimates, AI-generated responses, and community content are provided for informational and wellness purposes only. Before beginning any exercise program, changing dietary habits, using intense training programs, attempting sport-specific conditioning, changing hydration habits, or relying on AI-generated wellness suggestions, you should consult a qualified physician, registered dietitian, licensed trainer, physical therapist, or other competent professional, especially if you have any known or suspected medical condition, injury, food allergy, medication use, pregnancy, eating disorder, cardiovascular risk, metabolic condition, mobility limitation, or other health concern.
The U.S. Food and Drug Administration has issued guidance addressing low-risk general wellness products, including products promoting healthy lifestyle activities such as weight management and physical fitness, while distinguishing such products from regulated medical-device claims. BeFit Ai is not intended to diagnose, cure, mitigate, treat, or prevent any disease or medical condition, and no feature should be used for emergency decision-making or medical self-diagnosis.
Exercise and dietary changes involve inherent risks, including muscle soreness, sprains, strains, overuse injuries, falls, dehydration, under-fueling, overexertion, allergic reactions, and, in rare circumstances, serious injury or death. By using the Service, you voluntarily assume the risks associated with physical activity, nutrition changes, hydration practices, and wellness programs, except where such assumption of risk cannot be enforced under applicable law.
5. Artificial Intelligence Disclaimer and User Verification Duties
BeFit Ai may use artificial intelligence technologies to generate, personalize, organize, or adapt certain content, including workout plans, meal suggestions, hydration reminders, motivational responses, training-related explanations, lifestyle recommendations, and coaching-style interactions. AI-generated outputs are probabilistic, automated, and dependent on data, prompts, model behavior, system settings, and User-provided information.
Artificial intelligence can make mistakes. It may produce inaccurate, incomplete, unsuitable, outdated, excessive, unsafe, irrelevant, inconsistent, or misunderstood outputs. AI may also fail to detect contextual details that a human professional would consider, including injury history, medical limitations, eating-disorder risk, sport-specific restrictions, food allergies, medication interactions, age-related limitations, or unsafe training loads.
For that reason, all AI-generated content must be reviewed critically by the User before reliance. You agree not to treat any AI output as a professional medical, nutritional, athletic-training, therapeutic, legal, financial, or emergency recommendation. Where an AI response appears unsafe, unclear, extreme, inconsistent, or incompatible with your health, abilities, goals, schedule, or dietary needs, you must disregard it and seek qualified professional advice.
BeFit Ai does not warrant that any AI-generated plan will produce a specific result, athletic achievement, body-composition change, weight outcome, performance improvement, recovery benefit, or lifestyle transformation. Outcomes depend on numerous factors outside our control, including genetics, sleep, consistency, nutrition accuracy, health status, training history, stress, adherence, coaching, environment, and professional supervision.
6. Subscriptions, Billing, Renewals, and App-Store Rules
Certain features of BeFit Ai require a paid subscription. Subscription pricing, billing frequency, renewal terms, available plans, free trials, promotional offers, and applicable taxes will be disclosed at or before the time of purchase through the App, the applicable app store, or another authorized payment interface.
Where subscriptions are purchased through the Apple App Store or Google Play Store, billing, renewal, cancellation, chargebacks, refunds, payment methods, and subscription-management options may be administered by Apple or Google rather than directly by BeFit Ai. Users should review the terms, policies, and account settings of the applicable app store before purchase. BeFit Ai does not control every aspect of app-store billing, and certain payment or refund decisions may be made by the app-store provider.
For online negative-option subscription transactions in the United States, the Restore Online Shoppers’ Confidence Act, 15 U.S.C. § 8403, prohibits charging consumers for goods or services sold through a negative-option feature unless material terms are clearly and conspicuously disclosed, express informed consent is obtained, and simple mechanisms for stopping recurring charges are provided. BeFit Ai intends to structure subscription disclosures and cancellation pathways in a manner consistent with applicable requirements.
Unless otherwise stated at the time of purchase, subscriptions renew automatically until canceled. A User remains responsible for managing cancellation before the renewal date. Deleting the App from a device does not necessarily cancel a subscription. Cancellations must be completed through the applicable subscription-management channel, which may include Apple ID settings, Google Play subscription settings, or another account-management area made available by BeFit Ai.
7. No-Refund Policy and Mandatory Consumer Rights
Except where required by applicable law or where a refund is granted by Apple, Google, or another authorized payment processor under its own policies, subscription fees paid for BeFit Ai are non-refundable. Users may cancel future subscription renewals, but cancellation does not automatically create a right to a refund for a current, partially used, unused, or expired billing period.
Cancellation of Future Billing: A User may cancel a subscription to prevent future renewal charges through the applicable app-store account settings or any other cancellation method made available by BeFit Ai.
No Refund for Used or Unused Time: Fees already paid for a subscription period are not refunded merely because the User did not use the App, used it infrequently, changed fitness goals, disliked an AI output, failed to complete onboarding, deleted the App, or stopped following a plan.
Technical Issues: Where a User experiences material technical access problems, the User must notify BeFit Ai or the applicable app-store provider promptly and provide reasonable information needed to assess the issue. Any discretionary remedy may depend on the duration, cause, and severity of the problem.
Legal Exceptions: Nothing in these Terms excludes refunds, credits, charge reversals, statutory remedies, or other rights that cannot lawfully be excluded under applicable consumer protection law.
App-Store Refunds: Purchases made through Apple or Google may be subject to refund procedures controlled by the applicable app store. BeFit Ai may not be able to issue direct refunds for transactions processed solely through those third-party platforms.
Digital subscriptions differ from physical goods, and BeFit Ai does not sell returnable merchandise through these Terms. Accordingly, provisions concerning returns of physical items, personalized goods, shipped products, or tangible warranties generally do not apply to the App. The Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301 to 2312, generally concerns consumer product warranties, and these Terms do not provide a written warranty for a tangible consumer product.
8. User Content and Social Features
The Elite Plan or other future features may allow Users to create profiles, publish posts, upload images or videos, comment, message other Users, add friends, react to content, participate in discussions, and otherwise interact through social tools (“User Content”). You retain ownership of content that you create and lawfully own, subject to the license granted below.
By posting, uploading, transmitting, submitting, or displaying User Content through BeFit Ai, you grant BeFit Ai a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, display, publish, transmit, moderate, remove, adapt for technical formatting, and otherwise use such User Content solely as reasonably necessary to operate, secure, improve, promote, and provide the Service. The license continues for as long as needed to operate the Service, comply with legal obligations, maintain backups, investigate misconduct, or enforce these Terms.
You represent and warrant that you have all rights necessary to submit your User Content and that such content does not infringe any copyright, trademark, privacy right, publicity right, contractual obligation, confidentiality duty, or other legal right of any person. You further agree that you will not post content that is unlawful, threatening, abusive, defamatory, harassing, invasive of privacy, sexually exploitative, discriminatory, hateful, fraudulent, misleading, spam-like, malware-related, or otherwise harmful.
BeFit Ai may, but is not required to, monitor, review, remove, restrict, disable, or moderate User Content. Moderation decisions may be made to protect Users, maintain community integrity, comply with legal duties, preserve evidence, reduce platform risk, or enforce these Terms. No moderation process guarantees that all harmful content will be detected or removed.
9. Community Conduct and Prohibited Uses
Users must use BeFit Ai in a lawful, respectful, and responsible manner. The following conduct is prohibited:
Unsafe Fitness Conduct: Publishing or encouraging dangerous workouts, starvation practices, dehydration strategies, eating-disorder behavior, steroid misuse, self-harm, or reckless training methods.
Harassment and Abuse: Threatening, bullying, stalking, humiliating, exploiting, or targeting another User, whether through posts, comments, messages, images, or repeated contact.
False Information: Providing false profile information, impersonating another person, misrepresenting credentials, claiming professional status without authorization, or presenting personal opinions as medical advice.
Platform Misuse: Interfering with the App, scraping data, reverse engineering, bypassing access controls, introducing malware, probing vulnerabilities, overloading systems, or attempting unauthorized access.
Commercial Exploitation: Using BeFit Ai to advertise competing services, solicit Users, sell products, promote unapproved supplements, distribute affiliate links, or conduct unauthorized commercial activity.
Infringing Content: Uploading copyrighted music, videos, images, training programs, brand assets, or third-party materials without authorization.
A violation of these rules may result in content removal, account suspension, account termination, subscription restrictions, reporting to app stores, reporting to authorities, or other lawful action.
10. Intellectual Property Rights
BeFit Ai, including its name, logo, interface, software, source code, design, visual elements, graphics, text, workflows, plan structures, AI-interface design, databases, compilation, trademarks, service marks, and other proprietary materials, is owned by or licensed to BeFit Ai and is protected by copyright, trademark, trade secret, and other intellectual-property laws.
Subject to compliance with these Terms, BeFit Ai grants each User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the App for personal, non-commercial fitness and wellness purposes. No User receives ownership of the App, software, AI systems, training materials, templates, databases, proprietary methods, or related intellectual property.
Users must not copy, modify, distribute, sell, rent, lease, sublicense, translate, adapt, decompile, reverse engineer, extract, scrape, create derivative works from, or commercially exploit any part of the Service, except where such restriction is prohibited by applicable law.
11. Copyright Policy and DMCA Notices
BeFit Ai respects intellectual-property rights and expects Users to do the same. If a copyright owner or authorized agent believes that content available through BeFit Ai infringes a copyright, the owner or agent may submit a takedown notice under the Digital Millennium Copyright Act, 17 U.S.C. § 512. The U.S. Copyright Office explains that only a copyright owner or the owner’s authorized agent may submit a takedown notice under Section 512.
A valid DMCA notice should include the following information:
Signature: A physical or electronic signature of the copyright owner or authorized agent.
Identification of Work: Identification of the copyrighted work claimed to have been infringed.
Identification of Material: Identification of the allegedly infringing material and information reasonably sufficient to permit BeFit Ai to locate it.
Contact Details: The complaining party’s name, mailing address, telephone number, and email address.
Good-Faith Statement: A statement that the complaining party has a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
Accuracy Statement: A statement, made under penalty of perjury, that the information in the notice is accurate and that the complaining party is the copyright owner or authorized to act on behalf of the owner.
Users who believe their content was removed by mistake may submit a counter-notification consistent with 17 U.S.C. § 512(g). BeFit Ai may terminate or restrict accounts of repeat infringers in appropriate circumstances.
12. Privacy and Data Protection
Use of BeFit Ai may involve the collection and processing of account information, questionnaire responses, fitness goals, sport preferences, nutrition inputs, hydration records, social content, messages, device information, subscription data, and related usage information. Detailed information regarding personal data processing, legal bases, retention, sharing, rights, cookies, analytics, and international transfers will be provided in the BeFit Ai Privacy Policy and Cookie Policy.
Because BeFit Ai may be offered to Users in the European Union, privacy practices may need to comply with Regulation (EU) 2016/679, the General Data Protection Regulation, where applicable. The Privacy Policy, rather than these Terms, should serve as the principal document for GDPR disclosures, data-subject rights, controller details, processor relationships, and cookie consent.
BeFit Ai does not currently intend to connect app reports with Apple Health, Google Fit, or similar health-app integrations. If that position changes, additional disclosures, permissions, technical controls, and privacy terms may be required before such integrations are activated.
13. Third-Party Services, App Stores, and External Links
The Service may depend on third-party providers, including app stores, hosting providers, analytics services, AI providers, payment processors, email services, security vendors, customer-support tools, and content-delivery infrastructure. Third-party services may operate under separate terms, privacy policies, technical standards, and availability limits.
BeFit Ai is not responsible for third-party outages, rejected payments, app-store review decisions, device incompatibility, operating-system changes, app-store policy updates, or actions taken by Apple, Google, or other third-party platforms. Users remain responsible for reviewing third-party terms applicable to their device, account, payment method, and app-store subscriptions.
External links, if displayed within the App, are provided for convenience or functionality. BeFit Ai does not necessarily endorse linked websites, products, services, providers, or content, and access to external resources is undertaken at the User’s own discretion.
14. No Guaranteed Results
BeFit Ai does not guarantee weight loss, muscle gain, athletic improvement, health improvement, body-composition change, nutrition adherence, competition performance, injury prevention, lifestyle change, or any other specific outcome. Fitness and wellness results vary substantially among individuals.
Any examples, testimonials, progress displays, plan descriptions, or promotional statements must be understood as general information rather than a promise that the User will achieve identical or similar results. The Federal Trade Commission’s health-products guidance states that companies must have appropriate substantiation for health-related claims and that such principles apply to health-related apps, among other products.
15. Availability, Changes, and Technical Limitations
BeFit Ai may be unavailable from time to time due to maintenance, updates, technical failures, security incidents, network issues, vendor outages, app-store requirements, or events beyond reasonable control. No digital service can guarantee uninterrupted or error-free operation.
BeFit Ai may update the App to improve functionality, security, usability, legal compliance, content quality, AI behavior, or subscription features. Some updates may require Users to install the latest version of the App. Failure to update may limit functionality or create compatibility issues.
We may modify, suspend, discontinue, or restrict any feature, provided that such action is taken in a manner consistent with applicable consumer rights and contractual obligations.
16. Disclaimers of Warranties
To the fullest extent permitted by applicable law, BeFit Ai is provided on an “as is” and “as available” basis. BeFit Ai disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and uninterrupted operation.
No statement made by BeFit Ai, whether in the App, through AI output, in customer support, in marketing material, or on social media, creates any warranty not expressly stated in these Terms. Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to particular Users.
17. Limitation of Liability
To the fullest extent permitted by applicable law, BeFit Ai, its owner, affiliates, contractors, vendors, licensors, and service providers shall not be liable for indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including loss of data, loss of profits, loss of goodwill, personal training expenses, substitute-service costs, emotional distress, lost opportunities, or reputational harm arising out of or relating to the Service.
To the fullest extent permitted by applicable law, BeFit Ai’s total liability for any claim arising from or relating to the Service shall not exceed the greater of: (a) the amount paid by the User to BeFit Ai for the Service during the three months preceding the event giving rise to the claim, or (b) USD 100.
No limitation in these Terms excludes liability that cannot lawfully be excluded, including liability for intentional misconduct, gross negligence where non-excludable, or statutory consumer rights that cannot be waived.
18. Indemnification
You agree to indemnify, defend, and hold harmless BeFit Ai, its owner, affiliates, contractors, vendors, licensors, and service providers from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising from or related to: (a) your breach of these Terms; (b) your User Content; (c) your misuse of the Service; (d) your violation of law; (e) your infringement of intellectual-property, privacy, publicity, or other rights; (f) your unsafe fitness, nutrition, hydration, or social conduct; or (g) your interaction with another User.
BeFit Ai reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification, and you agree to cooperate reasonably in such defense.
19. Account Suspension and Termination
BeFit Ai may suspend, restrict, or terminate access to the Service if we reasonably believe that a User has violated these Terms, created legal risk, harmed another User, misused AI features, posted prohibited content, infringed intellectual-property rights, engaged in fraud, attempted unauthorized access, or otherwise used the App in a manner inconsistent with its intended purpose.
Users may stop using the Service at any time and may cancel subscriptions through the applicable subscription-management channel. Account deletion, subscription cancellation, and app deletion are distinct actions and may have different legal, technical, and billing consequences.
After termination, certain provisions will remain effective, including provisions concerning intellectual property, User Content licenses, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and any payment obligations accrued before termination.
20. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey and applicable federal law, without regard to conflict-of-law principles that would require application of another jurisdiction’s law.
Before initiating formal proceedings, the parties agree to attempt in good faith to resolve disputes informally by written notice. A User may send dispute notices to info@befitaiapp.com. The notice should describe the issue, the relief requested, the account involved, and any relevant transaction information.
Subject to mandatory consumer rights and any non-waivable jurisdictional rules, disputes arising out of or relating to these Terms or the Service shall be brought in the state or federal courts located in New Jersey. Users located outside the United States may have additional mandatory rights under local consumer protection laws, and nothing in these Terms is intended to deprive such Users of protections that cannot be contractually waived.
For European Union Users, the European Online Dispute Resolution Platform has been discontinued as of July 20, 2025, following Regulation (EU) 2024/3228. The European Commission now directs consumers toward its Consumer Redress information resources rather than the former ODR submission platform.
21. Changes to These Terms
BeFit Ai may amend these Terms from time to time to reflect legal changes, operational changes, new features, subscription updates, app-store requirements, AI functionality, safety practices, or business developments. The “Last Updated” date will identify the most recent revision.
Where required by law, we will provide reasonable notice of material changes. Continued use of the Service after updated Terms become effective constitutes acceptance of the revised Terms, except where a different form of consent is required by applicable law.
22. Contact Information
Questions, notices, copyright complaints, support requests, cancellation issues, and legal inquiries may be directed to:
BeFit Ai
Owner: Joseph Nuzhny Rybaloff
Email: info@befitaiapp.com
Website/App URL: https://befitaiapp.com
Mailing Address: 377 Valley Rd, Unit #2973, Clifton, NJ 07013, United States
Jurisdiction: United States, New Jersey