Terms of Use

Welcome to Mutari Fitness. These Terms of Use, together with our Privacy Policy and any additional terms, policies, disclosures, waivers, notices, or other documents incorporated by reference (collectively, the "Terms"), govern your access to and use of the Mutari Fitness website, platform, mobile application, software, fitness and wellness tools, workout programs, nutrition information, artificial intelligence features, communications tools, content, subscription services, and related services (collectively, the "Platform").

By creating an account, accessing or using the Platform, purchasing a subscription or other service, communicating through the Platform, using any fitness, nutrition, coaching, or artificial intelligence feature, or otherwise using the Platform, you agree to these Terms. If you do not agree, you may not access or use the Platform.

You must be at least eighteen (18) years old and have the legal capacity and authority to enter into these Terms to create an account or use the Platform.

1. Definitions

For purposes of these Terms:

• "AI Features" means any artificial intelligence, machine learning, automated, algorithmic, generative, predictive, conversational, recommendation, personalization, or similar technology made available through or in connection with the Platform.
• "Content" means workouts, exercise programs, videos, demonstrations, fitness recommendations, educational materials, articles, recipes, meal ideas, nutrition information, wellness information, communications, text, images, audio, video, data, and other materials made available through the Platform.
• "Fitness Services" means fitness, exercise, wellness, educational, coaching, informational, and related services made available through the Platform.
• "Mutari Fitness," "we," "us," or "our" means Mutari Fitness, LLC, a Tennessee limited liability company, and its owners, officers, directors, employees, contractors, affiliates, successors, and assigns.
• "Trainer" means any personal trainer, coach, fitness professional, content contributor, contractor, employee, or other individual who provides fitness, wellness, educational, or related Content or communications through or in connection with the Platform.
• "User," "you," or "your" means any person who accesses or uses the Platform.

2. Platform Role and Scope of Services

Mutari Fitness provides a technology-based fitness and wellness Platform that may allow Users to access workouts, exercise programs, fitness information, general nutrition and wellness information, educational Content, progress-tracking tools, personalized or semi-personalized recommendations, communications features, AI Features, and related services.

The specific features available through the Platform may change over time. Certain features may use information you provide to organize, tailor, recommend, generate, or display Content based on your stated preferences, goals, activity, fitness level, or other information.

Mutari Fitness provides the Platform for general fitness, wellness, educational, and informational purposes only. Unless Mutari Fitness expressly states otherwise in writing, the Platform does not provide medical, clinical, diagnostic, therapeutic, rehabilitation, physical therapy, dietetic, mental-health, or other licensed healthcare services.

The availability of individualized or personalized Content does not change the Platform's general fitness and wellness nature or create a healthcare-provider relationship.

3. Account Registration and Responsibility

You may need to create an account to access certain Platform features. You agree to provide accurate, complete, and current information and to update that information when necessary.

You remain responsible for:

• the accuracy of information you provide;
• maintaining the confidentiality and security of your login credentials;
• all activity occurring through your account;
• ensuring that your use of the Platform complies with these Terms; and
• making your own decisions regarding whether and how to use Platform Content.

You may not impersonate another person, create an account using false or misleading information, permit unauthorized access to your account, or use another person's account without authorization.

Mutari Fitness may suspend, restrict, or terminate an account if we reasonably determines that a User violated these Terms, misused the Platform, created safety or legal risk, engaged in fraud or abuse, failed to pay amounts owed, or otherwise acted in a manner that may harm us, another User, a Trainer, or the Platform.

4. Fitness and Wellness Only; No Medical Services

THE PLATFORM DOES NOT PROVIDE MEDICAL ADVICE, MEDICAL CARE, DIAGNOSIS, TREATMENT, PHYSICAL THERAPY, REHABILITATION, MENTAL-HEALTH SERVICES, MEDICAL NUTRITION THERAPY, OR OTHER HEALTHCARE SERVICES.

Nothing available through the Platform, including workouts, exercise programs, fitness recommendations, nutrition information, Trainer communications, AI-generated Content, or other Content, should substitute for advice, diagnosis, treatment, or care from a physician, registered dietitian, physical therapist, mental-health professional, or other appropriately qualified healthcare professional.

Mutari Fitness does not evaluate whether any particular workout, exercise, dietary practice, nutrition recommendation, wellness practice, or other activity suits your individual medical condition, health status, physical condition, medications, injuries, limitations, allergies, pregnancy status, or other personal circumstances.

You should consult an appropriate healthcare professional before beginning or materially changing an exercise, fitness, diet, nutrition, or wellness program, particularly if you have any medical condition, injury, disability, physical limitation, history of illness, pregnancy, dietary restriction, allergy, or other circumstance that may affect your ability to safely participate.

No communication through the Platform creates a physician-patient, dietitian-patient, therapist-patient, or other healthcare-provider relationship.

5. Emergencies and Medical Concerns

The Platform does not provide emergency services and should never serve as a substitute for emergency medical care.

Do not use the Platform, a Trainer, an AI Feature, a chatbot, or any other Platform feature to diagnose or respond to a medical emergency.

If you experience severe pain, chest pain, difficulty breathing, fainting, severe dizziness, symptoms of an allergic reaction, or another condition that may require immediate medical attention, stop the applicable activity and contact emergency medical services or an appropriate healthcare provider.

Mutari Fitness does not monitor the Platform for medical emergencies and has no obligation to identify, respond to, or intervene in a User's medical condition or emergency.

6. Assumption of Risk and User Health Responsibility

Physical exercise, fitness activities, dietary changes, and wellness activities involve inherent risks. These risks may include muscle strains, sprains, falls, fractures, cardiovascular complications, aggravation of existing injuries or conditions, illness, allergic reactions, adverse responses to food or dietary changes, serious bodily injury, and, in rare cases, death.

By participating in workouts, exercises, fitness programs, dietary practices, or other activities suggested, demonstrated, discussed, or made available through the Platform, you knowingly and voluntarily assume the risks associated with those activities to the maximum extent permitted by law.

You remain responsible for evaluating your own physical condition, health, abilities, limitations, environment, equipment, and circumstances before participating.

You agree to:

• use appropriate judgment when participating in physical activity;
• use equipment safely and according to applicable instructions;
• ensure that your physical environment permits safe participation;
• stop any activity that causes unusual pain, dizziness, weakness, shortness of breath, discomfort, or other concerning symptoms;
• modify or discontinue activities when appropriate;
• seek professional medical advice when appropriate; and
• never disregard professional medical advice because of information obtained through the Platform.

You understand that Mutari Fitness cannot observe your physical condition, technique, surroundings, equipment, or response to an activity unless a specific feature expressly provides otherwise.

7. Exercise Programs and Fitness Content

The Platform may provide suggested workouts, training programs, exercise demonstrations, exercise sequences, schedules, repetitions, sets, intensity levels, progressions, or other fitness Content.

Such Content provides general guidance and may not account for every User's physical condition, anatomy, experience, technique, mobility, injuries, equipment, environment, or other circumstances.

Mutari Fitness does not guarantee that any exercise, workout, training method, progression, or program suits a particular User.

You remain responsible for selecting appropriate exercises, intensity, resistance, duration, equipment, modifications, and rest based on your individual circumstances.

Exercise demonstrations and instructions cannot account for every variation in technique or execution. You remain responsible for exercising safely and obtaining in-person instruction or professional assistance when appropriate.

8. Nutrition and Dietary Information

The Platform may provide general nutrition and wellness information, recipes, meal ideas, food suggestions, calorie or macronutrient information, educational Content, and other nutrition-related recommendations.

Such information serves general informational and wellness purposes only and does not constitute medical advice, medical nutrition therapy, individualized dietary treatment, diagnosis, or treatment of any disease or health condition.

Mutari Fitness does not represent that nutrition Content suits any particular medical condition, dietary requirement, allergy, intolerance, metabolic condition, medication, pregnancy, eating disorder, or other health circumstance.

You remain responsible for reviewing ingredients, nutritional information, portion sizes, allergies, dietary restrictions, and other considerations before following any nutrition-related recommendation.

You should consult a physician, registered dietitian, or other appropriately qualified professional regarding individualized medical or nutritional concerns.

Mutari Fitness does not guarantee weight loss, muscle gain, changes in body composition, athletic performance, improvement in any medical condition, or any particular fitness, nutrition, or wellness outcome.

9. Trainers, Coaches, and Platform Communications

The Platform may allow Users to receive Content, guidance, communications, recommendations, or other information from Trainers or other fitness and wellness professionals.

Unless expressly stated otherwise, Trainer communications through the Platform provide fitness, wellness, coaching, educational, or informational guidance only and do not constitute medical or other licensed healthcare services.

A Trainer's certification, education, experience, or professional background does not convert communications through the Platform into medical advice or establish a healthcare-provider relationship.

Users remain responsible for determining whether to follow any Trainer recommendation and for consulting an appropriate healthcare professional regarding medical, dietary, injury-related, or other clinical concerns.

Mutari Fitness does not guarantee the availability of any particular Trainer or that a User will receive a particular response, recommendation, program, result, or level of interaction.

10. Artificial Intelligence and Automated Features

The Platform may incorporate AI Features to generate, recommend, summarize, organize, personalize, modify, or otherwise provide Content or responses. AI Features may include chatbots, automated coaching tools, workout recommendations, nutrition information, exercise suggestions, progress recommendations, personalization tools, or other functionality.

You understand that AI-generated or AI-assisted outputs result from automated technologies and may contain errors, omissions, inaccuracies, incomplete information, outdated information, inappropriate recommendations, or information that does not account for your individual circumstances.

AI outputs do not constitute medical advice, medical care, diagnosis, treatment, physical therapy, medical nutrition therapy, or other professional healthcare advice.

You may not rely on an AI Feature:

• to diagnose or treat a medical condition;
• to determine whether you require medical attention;
• during a medical emergency;
• to make decisions regarding prescription medication or medical treatment;
• to diagnose or rehabilitate an injury;
• as a substitute for advice from an appropriately qualified healthcare professional; or
• as the sole basis for a decision that could materially affect your health or safety.

AI Features may generate different responses to identical or similar requests and may not identify inaccurate information provided by a User.

Even when an AI Feature references information you have provided about your goals, preferences, fitness level, history, or other characteristics, the AI Feature does not possess a complete understanding of your health or physical condition and should not be treated as doing so.

You remain responsible for evaluating all AI-generated or AI-assisted Content before relying on or acting upon it.

Mutari Fitness does not warrant or guarantee the accuracy, completeness, reliability, safety, suitability, timeliness, effectiveness, or results of any AI-generated or AI-assisted Content.

Mutari Fitness may add, remove, modify, replace, restrict, or discontinue AI Features at any time.

11. Information You Provide and Personalization

The Platform may allow you to provide information about your age, height, weight, fitness goals, exercise history, preferences, dietary preferences, activity, progress, limitations, health metrics, body measurements, workout history, nutrition logs, activity level, physical or medical limitations, or other information to support Platform functionality.

You remain responsible for providing accurate information.

Recommendations based on User-provided information depend on the completeness and accuracy of that information. Mutari Fitness does not independently verify your health status, physical condition, medical history, injuries, dietary needs, or other information unless expressly stated otherwise.

The Platform may provide recommendations that appear personalized based on information you provide. Personalized or customized presentation does not mean that Mutari Fitness or the Platform has medically evaluated you or determined that a recommendation is medically appropriate or safe for you.

12. Results and No Guarantees

Individual fitness, wellness, and nutrition results vary substantially.

Mutari Fitness does not promise or guarantee any specific result from use of the Platform, including:

• weight loss or weight gain;
• muscle growth;
• strength or endurance improvement;
• changes in appearance or body composition;
• improvement in athletic performance;
• achievement of a fitness goal;
• improvement in health or wellness;
• adherence to a fitness or nutrition program;
• prevention of injury or illness; or
• any particular timeframe for results.

Testimonials, examples, case studies, before-and-after materials, User experiences, or descriptions of results achieved by others do not guarantee that you will achieve the same or similar results.

13. Payments, Subscriptions, and Billing

Certain features of the Platform may require a paid subscription or other payment.

Prices, billing frequency, subscription duration, renewal terms, and other material payment terms will be disclosed at or before purchase.

Subscriptions are billed on a recurring basis according to the billing plan selected at the time of purchase. Unless cancelled, subscriptions automatically renew at the end of each applicable billing cycle.

You may cancel your subscription through your account settings. Cancellation prevents future billing but does not automatically entitle you to a refund or credit for any unused portion of the current billing period unless required by applicable law or otherwise expressly stated by Mutari Fitness.

By providing a payment method, you authorize Mutari Fitness and its third-party payment processors to charge your selected payment method for applicable subscription fees, taxes, and other authorized charges.

Mutari Fitness may modify subscription pricing from time to time. Pricing changes will apply prospectively to future billing cycles following any notice required by applicable law.

Applicable taxes and other charges may apply where disclosed or required by law.

Payments may be processed through third-party payment processors. Mutari Fitness does not control and is not responsible for a payment processor's independent acts, omissions, outages, security practices, or processing decisions.

14. Refunds and Cancellations

Except as otherwise required by applicable law or expressly stated at the time of purchase, payment and fees are nonrefundable.

Mutari Fitness may establish separate cancellation, refund, credit, trial, or subscription policies for specific products or services. Those terms become part of these Terms when presented to you.

Mutari Fitness may issue a refund or credit in its discretion without creating an obligation to provide the same remedy in another circumstance.

15. Acceptable Use

You agree not to:

• use the Platform for any unlawful, fraudulent, abusive, misleading, or harmful purpose;
• provide false, inaccurate, incomplete, or misleading information;
• impersonate another person or misrepresent your identity;
• interfere with Platform security, functionality, communications, payment systems, AI Features, or other Users;
• reverse engineer, scrape, crawl, copy, exploit, resell, or misuse the Platform except as permitted by applicable law;
• upload malicious software, code, spam, unauthorized advertising, or unlawful Content;
• harass, threaten, abuse, defame, intimidate, exploit, or harm another User, Trainer, Mutari Fitness representative, or third party;
• attempt to manipulate, bypass, disable, or interfere with Platform safeguards, security measures, content restrictions, AI safeguards, or access controls;
• use AI Features to generate unlawful, harmful, abusive, deceptive, infringing, or fraudulent Content;
• intentionally provide false information to obtain dangerous or inappropriate fitness, dietary, or wellness recommendations;
• use the Platform to provide unauthorized medical or professional healthcare services;
• use another User's information without authorization;
• infringe the intellectual property, privacy, publicity, or other rights of Mutari Fitness or another person;
• use the Platform in a manner that may damage, disable, overburden, or impair the Platform; or
• violate applicable law, these Terms, or any Platform policy.

Mutari Fitness may investigate suspected violations and take action it considers appropriate, including restricting features, removing Content, suspending accounts, terminating access, or pursuing available legal remedies.

16. Intellectual Property

The Platform, including its software, workflows, algorithms, interfaces, designs, graphics, logos, trademarks, service marks, databases, text, videos, exercise demonstrations, workout programs, fitness Content, educational Content, AI-related functionality, features, and other intellectual property, belongs to Mutari Fitness or its licensors and receives protection under applicable intellectual property laws.

Subject to these Terms, Mutari Fitness grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for your personal, noncommercial use.

Unless Mutari Fitness expressly authorizes otherwise in writing, you may not copy, reproduce, record, download, modify, publish, distribute, sell, license, commercially exploit, create derivative works from, frame, mirror, scrape, reverse engineer, or otherwise use Platform Content outside your authorized personal use.

You do not acquire ownership rights in the Platform or its Content by accessing or using the Platform.

Mutari Fitness reserves all rights not expressly granted under these Terms.

17. User Content

You may have the ability to submit photographs, videos, comments, messages, fitness information, goals, feedback, reviews, progress information, or other materials through the Platform ("User Content").

You retain ownership of your User Content, subject to any rights held by others.

By submitting User Content, you grant Mutari Fitness a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, process, transmit, display, modify, and use the User Content as reasonably necessary to operate, improve, secure, administer, and support the Platform; provide requested services; personalize functionality; enforce these Terms; and comply with legal obligations.

You represent and warrant that you have all rights necessary to submit your User Content and grant the rights described above.

You remain responsible for your User Content and may not submit Content that violates applicable law, infringes another person's rights, or violates these Terms.

18. AI Inputs and Outputs

If you submit prompts, questions, instructions, information, or other Content to an AI Feature ("AI Inputs"), you represent that you have the right to provide those AI Inputs.

You should not submit information to an AI Feature that you do not want processed in connection with that feature.

AI outputs may resemble Content generated for other Users because automated systems can produce identical or similar responses.

To the extent permitted by applicable law and subject to any separate rights applicable to third-party AI technology, your use of an AI output does not grant you ownership of the underlying Platform, model, system, software, prompts, workflows, training materials, or other Mutari Fitness intellectual property.

Mutari Fitness may use third-party AI providers to support AI Features. Use of those features may require processing or transmission of information through those providers as described in the Privacy Policy.

19. Third-Party Services and Integrations

The Platform may integrate with or rely on third-party services, including payment processors, AI providers, hosting providers, analytics providers, communications providers, fitness technology, wearable devices, nutrition databases, video providers, and other vendors.

Mutari Fitness does not control third-party services and does not assume responsibility for their independent acts, omissions, errors, downtime, data practices, security practices, fees, content, or policies.

Your use of a third-party service may require separate terms or privacy policies between you and the applicable third party.

Information imported from a wearable, device, application, database, or other third-party source may contain errors, delays, or inaccuracies. You remain responsible for evaluating information before relying upon it.

Mutari Fitness may add, suspend, modify, replace, or discontinue any third-party integration without liability.

20. Privacy

Your use of the Platform is subject to Mutari Fitness's Privacy Policy, which is incorporated into these Terms by reference.

Mutari Fitness may collect, use, process, store, and disclose information as described in the Privacy Policy and applicable notices presented through the Platform.

The Privacy Policy describes the categories of personal information collected through fitness, wellness, personalization, communication, AI, analytics, payment, and other Platform features.

21. Platform Availability and Modifications

Mutari Fitness may update, modify, add, remove, restrict, suspend, or discontinue any portion of the Platform or any Content, Trainer feature, AI Feature, program, recommendation tool, or other functionality at any time.

Mutari Fitness does not guarantee that the Platform will remain uninterrupted, secure, current, complete, accurate, or error-free.

Mutari Fitness does not assume responsibility for outages, service interruptions, software errors, AI errors, delayed communications, failed notifications, lost progress information, third-party service interruptions, synchronization errors, or temporary Platform unavailability.

22. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, FITNESS SERVICES, WORKOUTS, NUTRITION INFORMATION, TRAINER COMMUNICATIONS, AI FEATURES, AI OUTPUTS, RECOMMENDATIONS, AND RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mutari Fitness DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, SAFETY, AND ERROR-FREE OPERATION.

Mutari Fitness does not warrant or guarantee that:

• the Platform will meet your individual fitness, health, nutrition, or wellness needs;
• any workout, exercise, program, nutrition information, Trainer recommendation, or AI output will suit you;
• any Content will remain accurate, complete, current, or error-free;
• use of the Platform will produce any particular result;
• the Platform will identify a medical issue, injury, contraindication, dietary concern, or safety risk;
• a Trainer or AI Feature will provide a particular response;
• the Platform will operate without interruption or error; or
• third-party providers or integrations will perform as expected.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mutari Fitness WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PLATFORM DOWNTIME, SERVICE INTERRUPTIONS, SOFTWARE ERRORS, AI ERRORS, INACCURATE RECOMMENDATIONS, FAILED COMMUNICATIONS, OR OTHER SIMILAR LOSSES, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF Mutari Fitness HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mutari Fitness WILL NOT BE LIABLE FOR ANY INJURY, ILLNESS, ADVERSE HEALTH OUTCOME, ALLERGIC REACTION, AGGRAVATION OF A PRE-EXISTING CONDITION, EXERCISE-RELATED INCIDENT, DIETARY OR NUTRITION-RELATED CONSEQUENCE, PROPERTY DAMAGE, OR OTHER LOSS ARISING FROM OR RELATING TO YOUR VOLUNTARY PARTICIPATION IN FITNESS, EXERCISE, NUTRITION, OR WELLNESS ACTIVITIES OR YOUR RELIANCE ON PLATFORM CONTENT, TRAINER COMMUNICATIONS, OR AI OUTPUTS, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

To the maximum extent permitted by law, Mutari Fitness's total aggregate liability arising out of or relating to these Terms, the Platform, any Content, any Fitness Service, any AI Feature, or your use of the Platform will not exceed the greater of:

• (a) the amounts actually paid by you directly to Mutari Fitness during the three (3) months preceding the event giving rise to the claim; or
• (b) one hundred dollars ($100).

Some jurisdictions do not permit certain exclusions or limitations of liability. Where applicable law prohibits a limitation above, that limitation will apply only to the maximum extent permitted by law.

24. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Mutari Fitness and its owners, officers, directors, employees, contractors, affiliates, agents, successors, and assigns from and against claims, demands, losses, liabilities, damages, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• your access to or use of the Platform;
• your participation in exercise, fitness, nutrition, or wellness activities;
• your violation of these Terms or another Platform policy;
• your violation of applicable law or third-party rights;
• User Content or other information you submit;
• your misuse of AI Features or Platform Content;
• your unauthorized use or disclosure of another person's information;
• your negligent, reckless, fraudulent, abusive, or unlawful conduct; or
• activity occurring through your account.

Mutari Fitness may control the defense of any matter subject to indemnification, and you agree to reasonably cooperate with that defense.

You may not settle a claim in a manner that imposes liability, an admission, or an obligation on Mutari Fitness without Mutari Fitness's prior written consent.

25. Termination

Mutari Fitness may suspend, restrict, or terminate your access to all or part of the Platform if Mutari Fitness determines that you violated these Terms, failed to pay amounts owed, misused the Platform, created safety, security, legal, or reputational risk, engaged in fraud or abuse, or otherwise acted inconsistently with the integrity of the Platform.

Upon termination, your right to access the applicable Platform features ends.

Sections that by their nature should survive termination will survive, including payment obligations, intellectual property provisions, User Content licenses, disclaimers, assumption-of-risk provisions, limitations of liability, indemnification, dispute resolution, governing law, and provisions necessary to enforce these Terms.

26. Changes to These Terms

Mutari Fitness may modify these Terms from time to time by posting updated Terms through the Platform or otherwise providing notice where required.

Unless applicable law requires otherwise, updated Terms become effective when posted or on the effective date identified in the updated Terms.

Your continued use of the Platform after updated Terms become effective constitutes acceptance of the updated Terms.

27. Governing Law and Venue

These Terms and any dispute arising out of or relating to the Platform will be governed by the laws of the State of Tennessee, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Subject to the dispute-resolution provisions below, the state and federal courts located in Montgomery County, Tennessee will have exclusive jurisdiction over disputes not subject to arbitration, and you consent to personal jurisdiction and venue in those courts.

28. Dispute Resolution; Arbitration; Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, any Content, any Fitness Service, any payment, any AI Feature, or your relationship with Mutari Fitness will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules, except that either party may seek injunctive or equitable relief in court to protect intellectual property, confidential information, Platform security, or User data.

The arbitration will take place in Montgomery County, Tennessee, unless Mutari Fitness agrees to remote arbitration or another location.

Each party will bear its own attorneys' fees and costs unless applicable law or the arbitrator permits an award of fees.

YOU AND MUTARI FITNESS AGREE THAT DISPUTES WILL PROCEED ONLY ON AN INDIVIDUAL BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATED PROCEEDING.

29. Severability

If a court or other tribunal of competent jurisdiction holds any provision of these Terms invalid, illegal, or unenforceable, that provision will receive modification to the minimum extent necessary to make it enforceable where permitted, and the remaining provisions will remain in effect.

30. Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, fiduciary, healthcare-provider, physician-patient, therapist-patient, dietitian-patient, agency, franchise, or representative relationship between you and Mutari Fitness.

Access to a Trainer, coach, AI Feature, or other individual or technology through the Platform does not create a healthcare-provider relationship with Mutari Fitness.

No User, Trainer, contractor, third-party provider, or other person has authority to bind Mutari Fitness unless Mutari Fitness expressly agrees in a signed writing.

31. Assignment

You may not assign or transfer your rights or obligations under these Terms without Mutari Fitness's prior written consent.

Mutari Fitness may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, restructuring, financing, corporate reorganization, sale of assets, or operation of law.

32. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and Mutari Fitness regarding the Platform and supersede prior or contemporaneous understandings regarding the Platform.

33. Contact Information

Mutari Fitness

Email: support@mutarifitness.com