Terms of Service

1. Acceptance of Terms

By accessing, downloading, installing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference. These Terms constitute a legally binding agreement between you and Kio Fitness.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility

You must be at least 13 years of age (or the minimum age of digital consent in your jurisdiction, whichever is higher) to use the Service. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

By using the Service, you represent and warrant that you meet the eligibility requirements and that you have not previously been suspended or removed from the Service.

3. Account Registration & Security

When you create an account with Kio Fitness, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password
• Notify us immediately at support@kiofit.com if you suspect any unauthorized use of your account

You are solely responsible for all activity that occurs under your account.

4. Description of the Service

Kio Fitness provides:

• Activity tracking and fitness monitoring (steps, workouts, calories, distance)
• Heart rate monitoring and analysis
• Sleep tracking and insights
• Intermittent fasting timers and fasting management tools
• Goal setting, progress tracking, and personalized insights
• Integration with wearable devices (Apple Watch, Samsung Galaxy Watch, Fitbit, Garmin)
• Data synchronization across devices and platforms

The Service is available on iOS, Android, and compatible wearable platforms. Features may vary by platform and device.

5. Wearable Device Integrations

5.1 General

When you connect a wearable device or third-party health platform to Kio Fitness:

• You explicitly authorize us to access and process data from your connected device
• You may connect or disconnect your device at any time
• We request only the minimum permissions necessary to provide the Service
• Your use of third-party devices and platforms is subject to their respective terms and conditions

5.2 Apple HealthKit

Our integration with Apple HealthKit complies with Apple's HealthKit guidelines. We do not use HealthKit data for advertising or similar services, and we do not sell HealthKit data to third parties. All use of HealthKit data is subject to Section 5.1 of these Terms.

5.3 Samsung Health

Our integration with Samsung Health complies with Samsung's validation policy. We request only the minimum permissions necessary and do not use Samsung Health data for advertising without your explicit consent.

5.4 Fitbit

Our use of Fitbit data complies with the Fitbit User Data and Developer Policy, including Limited Use requirements. We access only the data necessary to provide the Service and handle it in accordance with Fitbit's policies.

5.5 Garmin Connect IQ

When you use our Garmin Connect IQ integration, your data is submitted to Kio Fitness, not to Garmin. Garmin has no responsibility for the data collected through our application. Please review the Garmin Connect IQ App Review Guidelines for additional information.

5.6 Google Fit

Our use of Google Fit data complies with the Google Fit Developer and User Data Policy, including Limited Use requirements. We access and use Google Fit data only as necessary to provide the Service.

6. User Content & Data

6.1 Your Content

"User Content" refers to any data, text, images, or other materials that you submit, upload, or transmit through the Service, including health and fitness data, profile information, and any feedback or communications.

6.2 Ownership

You retain all rights in and to your User Content. By using the Service, you grant Kio Fitness a limited, non-exclusive, royalty-free license to use, process, and display your User Content solely for the purpose of providing and improving the Service.

6.3 Your Responsibilities

You are responsible for your User Content and agree not to submit content that:

• Infringes on any third-party intellectual property rights
• Is illegal, harmful, or offensive
• Contains malicious code, viruses, or harmful components
• Constitutes harassment, abuse, or threats toward others

6.4 Data Portability & Deletion

You may export your data or request deletion of your account and associated data at any time. For more information about how we handle your data, please see our Privacy Policy.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Use any automated means, including bots or scrapers, to access or collect data from the Service
• Transmit spam, chain letters, or other unsolicited communications, or distribute malware
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use the Service for any unauthorized commercial purpose
• Circumvent, disable, or otherwise interfere with security-related features of the Service

We reserve the right to suspend or terminate your access to the Service at any time if we reasonably believe you have violated these Terms.

8. Health & Medical Disclaimer

• The Service is not a substitute for professional medical advice, diagnosis, or treatment
• Health metrics provided by the Service are estimates and should not be used for medical decisions
• Never disregard professional medical advice or delay in seeking it because of something you have read or received through the Service
• If you are experiencing a medical emergency, call your local emergency services immediately
• Consult a healthcare professional before starting or modifying any fasting regimen, especially if you have pre-existing medical conditions, are pregnant, nursing, or taking medication
• The accuracy of health data depends on proper device usage, fit, and calibration

9. Intellectual Property

9.1 Our IP

The Service, including all software, design, text, graphics, logos, icons, images, audio, video, and other content, is the property of Kio Fitness or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 License to Use

Subject to your compliance with these Terms, Kio Fitness grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes. This license does not include the right to:

• Modify, copy, or create derivative works based on the Service
• Sell, resell, license, or distribute the Service or any content obtained from the Service
• Use any data mining, robots, or similar data gathering or extraction methods
• Download or copy any portion of the Service except as expressly permitted

9.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant Kio Fitness a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback for any purpose without obligation to you.

10. Subscriptions & Payments

10.1 Free and Paid Features

The Service offers both free and paid subscription features. Some features may require an active paid subscription to access.

10.2 Billing

Payments for subscriptions are processed through the Apple App Store, Google Play, or Samsung Galaxy Store, depending on your platform. All billing is handled by the respective app store.

10.3 Auto-Renewal

Subscriptions automatically renew unless you cancel before the renewal date. You can manage your subscription and cancel auto-renewal through your app store settings.

10.4 Refunds

Refund requests are governed by the policies of the applicable app store. If you have questions about a refund, you may also contact us at support@kiofit.com.

10.5 Price Changes

We may change subscription prices from time to time. We will provide you with at least 30 days' notice before any price change takes effect.

11. Termination

11.1 By You

You may delete your account at any time through the in-app settings or by contacting us at support@kiofit.com.

11.2 By Us

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to:

• Breach of these Terms
• Conduct that we believe poses a risk to us, our users, or third parties
• A legal or regulatory requirement
• Discontinuation of the Service or any part thereof

We will provide notice where practicable.

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KIO FITNESS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

You use the Service at your own risk.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIO FITNESS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS PAID BY YOU TO KIO FITNESS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify, defend, and hold harmless Kio Fitness, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of a third party
• Your User Content

15. Dispute Resolution

15.1 Informal Resolution

Before filing any formal legal action, you agree to first contact us at support@kiofit.com and attempt to resolve the dispute informally for at least 30 days.

15.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

15.3 Arbitration

Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in English.

15.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND KIO FITNESS EACH WAIVE ANY RIGHT TO A JURY TRIAL.

15.5 Exceptions

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in court for matters related to intellectual property rights. Additionally, if you are a consumer in the European Union, your statutory consumer rights under EU law are preserved.

16. Third-Party Services & Platforms

The Service may integrate with third-party services, including Apple HealthKit, Samsung Health, Fitbit, Garmin, and Google Fit. Your use of these integrations is subject to the respective third-party terms and conditions.

App Store Terms

If you access the Service through an application downloaded from an app store (Apple App Store, Google Play, Samsung Galaxy Store), you acknowledge the following:

• These Terms are between you and Kio Fitness, not the app store provider
• The app store provider has no obligation to provide maintenance or support services for the Service
• The app store provider has no warranty, claims, or other responsibility with respect to the Service
• The app store provider is a third-party beneficiary of these Terms and may enforce them against you

17. Modifications to the Service & Terms

17.1 Changes to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

17.2 Changes to the Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. We will provide you with at least 30 days' notice of any material changes. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kio Fitness regarding the Service and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18.3 Waiver

The failure of Kio Fitness to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. Kio Fitness may assign these Terms without restriction.

18.5 Force Majeure

Kio Fitness shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, pandemics, government actions, or failures of third-party services.

18.6 Notices

We may provide notices to you via email, in-app notifications, or by posting on the Service. You may provide notices to us by contacting us at support@kiofit.com.

18.7 No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights, except that the app store providers are third-party beneficiaries as set forth in Section 16.

18.8 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the Department of State.

19. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us: