Terms of Use

Last Updated: January 2024
1. Acceptance of Terms

By accessing and using the MYFC mobile application ("App"), website, and related services (collectively, the "Services"), you accept and agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the App or Services.

These Terms constitute a legally binding agreement between you and MYFC ("Company," "we," "us," or "our"). By creating an account or using our Services, you represent that you are at least 18 years of age or have reached the age of majority in your jurisdiction, and have the legal capacity to enter into these Terms.

2. Use of Service

You agree to use the App and Services only for lawful purposes and in accordance with these Terms. You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account.

You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

You acknowledge that you are solely responsible for all content, data, and information that you upload, post, or otherwise transmit through the Services. We are not responsible for the loss, corruption, or unauthorized access to your data.

3. Subscription Services

3.1 MYFC Premium Subscription

MYFC offers premium subscription plans that provide access to exclusive features, content, and services:

  • Monthly Subscription: $19.99 per month - Full access to all premium features, including advanced workouts, personalized training plans, progress tracking, and expert content. Billed monthly.
  • Annual Subscription: $119.99 per year - Full access to all premium features with annual billing. Save 50% compared to monthly subscription.

3.2 Payment and Billing

All subscription fees are payable in advance and are non-refundable except as required by law or as expressly stated in these Terms. Payment will be charged to your Apple ID account at confirmation of purchase. Prices are subject to change with notice. Any price changes will apply to subsequent subscription periods.

3.3 Auto-Renewal Terms

Important: Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current subscription period. Payment will be charged to your Apple ID account at confirmation of purchase. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription rate.

You can manage and cancel your subscriptions by going to your App Store account settings after purchase. Cancellation takes effect at the end of the current billing period. No refunds will be provided for the unused portion of any subscription period.

3.4 Free Trial

We may offer a free trial period for new subscribers. If you cancel before the end of the trial period, you will not be charged. If you do not cancel, you will automatically be charged the applicable subscription fee at the end of the trial period. Free trial eligibility is determined at our sole discretion and may be limited to one trial per user.

4. User Content

You retain all ownership rights to any content, including text, images, videos, progress photos, and other materials ("User Content") that you post, upload, or otherwise make available through the Services. By posting User Content, you grant MYFC a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, display, and distribute such User Content in connection with operating and providing the Services.

You represent and warrant that: (a) you own or have the necessary rights to the User Content you post; (b) the User Content does not violate the privacy rights, publicity rights, copyrights, or other rights of any person or entity; and (c) the posting of User Content does not violate any law or these Terms.

We reserve the right, but are not obligated, to monitor, review, or remove User Content at any time and for any reason, including User Content that we believe violates these Terms or is otherwise objectionable.

5. Health & Fitness Disclaimer

Important Medical Disclaimer: The workouts, exercises, fitness information, nutritional guidance, and health-related content provided through the MYFC App are for educational and informational purposes only and are not intended as medical advice, diagnosis, or treatment.

Consult Your Healthcare Provider: You should consult with a qualified healthcare professional, physician, or medical practitioner before starting any fitness program, exercise routine, or making any changes to your diet or lifestyle. This is especially important if you have any pre-existing medical conditions, injuries, or health concerns.

Assumption of Risk: By using the MYFC App and following any workout programs or fitness advice, you acknowledge and agree that physical exercise involves inherent risks of injury. You assume all risks associated with participating in any fitness activities or following any recommendations provided through our Services.

MYFC, its officers, directors, employees, contractors, and affiliates are not responsible for any injuries, health issues, or adverse effects that may result from using our App, following our workout programs, or implementing any advice or recommendations provided through the Services. You participate in all fitness activities at your own risk.

6. Prohibited Conduct

You agree not to engage in any of the following prohibited activities in connection with your use of the Services:

  • Harass, threaten, intimidate, bully, or harm others, or engage in any abusive behavior
  • Post, upload, or share inappropriate, offensive, obscene, defamatory, or illegal content
  • Spam, send unsolicited communications, or engage in any form of commercial solicitation
  • Attempt to gain unauthorized access to our systems, servers, networks, or other users' accounts
  • Violate any applicable local, state, national, or international laws or regulations
  • Infringe upon the intellectual property rights, privacy rights, or other rights of any third party
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
  • Use automated systems, bots, or scripts to access or interact with the Services
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
  • Interfere with or disrupt the integrity or performance of the Services or the data contained therein
  • Share your account credentials with others or allow others to access your account
  • Use the Services for any illegal, fraudulent, or malicious purpose

Violation of any of these prohibited activities may result in immediate termination of your account and access to the Services, and may subject you to civil and criminal liability.

7. Intellectual Property

All content, features, functionality, software, design elements, graphics, logos, trademarks, and other materials available through the App and Services (collectively, "MYFC Content") are owned by MYFC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms, MYFC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App and Services for your personal, non-commercial use. You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, download (except for page caching), store, or transmit any of the MYFC Content without our prior written permission, except as follows:

  • Your device may temporarily store copies of materials for caching purposes to enhance performance
  • You may print or download one copy of a reasonable number of pages for your own personal, non-commercial use
  • If we provide social media features, you may share content as enabled by such features

All trademarks, service marks, and logos displayed on the Services are the property of MYFC or their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of MYFC or any third party.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYFC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE APP OR SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, EVEN IF MYFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MYFC'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO MYFC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. MYFC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

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

  • Your violation of these Terms or any applicable law or regulation
  • Your violation of any third-party rights, including intellectual property, privacy, or other proprietary rights
  • Any User Content you post or share on or through the Services
  • Your use or misuse of the Services
  • Your willful misconduct or negligence

MYFC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims.

10. Termination

We reserve the right to suspend, disable, or terminate your account and access to the Services at any time, with or without notice, for any reason or no reason, including if we believe you have violated these Terms, engaged in prohibited conduct, or for any other reason at our sole discretion.

You may terminate your account at any time by contacting us or using the account deletion feature within the App. Upon termination, your right to access and use the Services will immediately cease. Termination of your account does not relieve you of any obligations to pay outstanding fees or charges.

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

11. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. We will notify you of any material changes by posting the new Terms in the App, on this page, and/or by sending you an email notification to the address associated with your account.

Any changes to these Terms will be effective immediately upon posting for new users and thirty (30) days after posting for existing users. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Services and terminate your account.

We encourage you to review these Terms periodically to stay informed of any updates. The "Last Updated" date at the top of this page indicates when these Terms were last revised.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and any dispute or claim arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the jurisdiction in which MYFC operates, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within that jurisdiction for the purpose of litigating all such claims or disputes.

12.2 Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, you agree to first contact us to attempt to resolve the dispute informally by sending written notice to our support team. We will attempt to resolve the dispute through good faith negotiations within sixty (60) days of receiving your notice.

If we are unable to resolve the dispute through informal negotiations, either party may initiate binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the English language, and the arbitrator's decision shall be final and binding on both parties.

12.3 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. You waive any right to participate in a class action lawsuit or class-wide arbitration against MYFC.

13. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices or agreements published by MYFC on the Services, constitute the entire agreement between you and MYFC regarding the Services and supersede all prior or contemporaneous understandings and agreements.

Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms without restriction.

Force Majeure: MYFC shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, or governmental actions.

14. Contact Information

If you have any questions, concerns, or comments about these Terms or the Services, please contact us at:

MYFC Support Team

Email: support@myfc.com

Website: www.myfc.com

We strive to respond to all inquiries within 2-3 business days. For urgent matters related to your account or subscription, please indicate "Urgent" in your email subject line.