Terms of Service & Health Liability Waiver

1. Acceptance and changes

By affirmatively selecting the agreement checkbox or another clearly labeled acceptance control presented with these Terms, you agree to these Terms, including the health and fitness release in Section 5. If you do not agree, do not create an account or use the Service. Acknowledging the Privacy Policy is distinct from agreeing to these Terms and does not replace any separate permission required for personal-data processing or sharing.

We may revise these Terms as the Service changes. We will identify the revised effective date and give reasonable advance notice of material changes through the Service or an account-related message, except where an urgent legal or security change requires earlier action. Where required by law, or where a change requires new agreement, we will seek your affirmative acceptance before applying it to you. Changes will not retroactively remove rights arising before they take effect. You may stop using the Service if you do not agree.

The published version and its effective date will be identified at Q-Coach Terms of Service.

2. Eligibility and your account

The Service is offered for use in the United States of America only. You must be at least 18 years old and legally able to enter into these Terms. The Service is not offered to minors. Do not create an account for a minor or allow a minor to use your account.

The account-creation agreement includes your confirmation that you are at least 18. We request birth month and year, not your exact birth day, to check eligibility. If you turn 18 during the current month, we ask whether you have already turned 18. You must answer truthfully: being in your eighteenth-birthday month does not permit use before your birthday. We may restrict coaching access while eligibility is unresolved or information indicates you are under 18, and request correction or confirmation when necessary. These checks rely on information you provide; they are not independent identity or age verification. Restricted access does not remove your ability to contact support or request account deletion.

Provide accurate account and fitness information, keep it reasonably current, protect your sign-in credentials, and promptly contact us if you suspect unauthorized access. Do not impersonate another person or share access in a way that compromises account security. You are responsible for activity you authorize, but these Terms do not make you responsible for losses that applicable law assigns to us.

3. Separate Apple standard license

For the iOS application obtained through the App Store, the app license is governed by Apple’s standard Licensed Application End User License Agreement, with Q-Coach LLC as the Application Provider, available at:

Apple’s standard Licensed Application End User License Agreement

These Terms supplement that agreement for Q-Coach’s services; they do not replace, amend, or restrict rights under it. The standard license governs matters within its scope, including the app license and the content, materials, and services it covers. If these Terms conflict with the standard license on a matter it governs, the standard license controls, subject always to mandatory law. These service Terms do not restate or extend the standard license’s warranty, liability, or governing-law provisions. Nothing here overrides Apple’s applicable store terms or rights that cannot lawfully be waived.

For a beta version supplied through TestFlight, your participation and beta-app use are also subject to Apple’s TestFlight Terms of Service and the Apple Media Services terms incorporated there. Those program terms govern their own scope; these service Terms do not replace them. Beta software may contain errors or cause data loss. Apple’s eligibility rules do not lower Q-Coach’s minimum age of 18.

4. Fitness information, not medical care

Q-Coach provides software-generated workout plans, demonstrations, voice cues, load and repetition suggestions, and adjustments based in part on information and feedback you provide. It is not a live trainer, medical provider, physical therapist, emergency service, or substitute for individualized professional supervision. It does not diagnose, treat, cure, or prevent disease or determine whether an exercise is medically appropriate for you.

Consult a qualified healthcare professional before beginning or materially changing an exercise program if you have symptoms, an injury, a medical condition, are pregnant or postpartum, take medication affecting exercise, or are unsure whether a program is suitable. Follow any professional restrictions. You do not warrant that you are in perfect health; you must use judgment about whether and how to participate.

Choose appropriate exercises, resistance, pace, and rest for your ability and current condition. Check equipment, anchors, safety stops, footwear, surrounding space, and surface stability. Use competent assistance or a spotter when appropriate. A demonstration cannot verify your form, equipment setup, or environment. Do not follow a cue that seems unsafe, and do not operate controls in a way that distracts you during a lift.

Stop exercising if you experience pain, dizziness, chest discomfort, unusual or severe shortness of breath, faintness, or other warning signs. Seek appropriate medical attention; for a suspected emergency, call 911. Do not wait for the app to recognize a problem. No particular strength, weight, fitness, rehabilitation, or other outcome is guaranteed.

5. Health and fitness release — read carefully

Assumption of exercise risks. Resistance training and other exercise can cause falls, strains, equipment-related injuries, aggravation of existing conditions, serious injury, property damage, or death. Some risks may not be apparent in advance. By choosing to participate, you voluntarily assume the inherent risks of the exercise you undertake, to the extent permitted by law.

Release of ordinary-negligence claims. To the extent permitted by applicable law, you release Q-COACH LLC and its officers, directors, employees, agents, and contractors from claims you have for injury, death, or property damage arising from your participation in exercise using the Service, including claims caused by the ordinary negligence of those released parties in providing workout programming, demonstrations, or coaching cues.

Limits on the release. This release does not cover gross negligence, recklessness, willful or intentional misconduct, fraud, or any liability or consumer right that cannot lawfully be released. It does not release unrelated privacy, data-protection, or billing claims. It does not bind another person’s independent rights. If your applicable law does not permit a particular release, that release does not apply to you. Nothing in this section expands the limitations in Apple’s standard license or overrides rights preserved by Section 3.

6. Voice, automation, and third-party processing

Automated plans, voice recognition, spoken cues, suggested weights, and feedback analysis can be inaccurate, delayed, incomplete, or unavailable. Noise, connectivity, device settings, and audio routing can interfere with operation. Verify recorded repetitions, weights, units, and commands. Pause, stop, correct an entry, or use available manual controls when needed. Never rely on voice recognition or an automated cue as a safety mechanism.

Q-Coach’s cloud voice-transcription feature sends recorded audio clips through our servers to OpenAI to convert speech to text for workout commands and responses. Speech processing can differ by platform and feature. Q-Coach also uses OpenAI to analyze free-form post-workout feedback, together with relevant exercise names, to identify themes and support personalization and coaching-setting suggestions. What you say or type can itself contain personal or health information; avoid including unnecessary sensitive information about yourself or other people.

The Privacy Policy explains personal-data collection, processing, sharing, retention, and available choices. Acceptance of these Terms is not permission to share personal data with third-party AI. Any required disclosure and explicit permission must be provided separately before that sharing occurs. Device microphone permission is also distinct from permission for third-party processing. These Terms do not represent that such separate permission has already been obtained.

Separate in-app permissions control OpenAI audio transcription and OpenAI feedback personalization. You can decline either and use tap/manual workout controls or save feedback without AI analysis. You can withdraw these permissions in Settings. Withdrawal stops future requests and discards pending AI results, but cannot recall information already sent to the provider. Disabling microphone access in device settings is separate: it restricts microphone-dependent features but does not delete submitted information or withdraw the feedback permission. You may also send privacy or withdrawal requests to support@qcoach.fit. Withdrawal does not make earlier lawful processing unlawful.

You may also contact us to request access to, correction of, or deletion of your personal information under applicable law. We may need to verify your identity; the Privacy Policy explains applicable rights, retention exceptions, and request handling. In-app account deletion is addressed separately in Section 8.

When you use a beta app through TestFlight, Apple’s program collects crash logs and usage data and provides beta-testing data to the application provider as described in its terms. Those terms state that this beta-testing collection cannot be opted out of while participating. Stopping beta participation does not itself delete information already provided to Apple or Q-Coach; requests concerning Apple’s handling are governed by Apple’s Privacy Policy, and requests to Q-Coach may be sent to our contact above.

7. Current free testing access; future paid services

Q-Coach’s current testing access is provided without a subscription charge. This free testing access is not a paid subscription and is not a free trial that automatically converts to a charge. Accepting these Terms does not authorize a future payment.

Testing features may change, be limited, or be discontinued. Free testing access does not guarantee indefinite free access, future feature availability, or a right to a future paid plan without charge. We will give reasonable notice of material changes or the end of testing access when practicable.

If we later offer paid subscriptions, we will present the available features, localized price and currency, billing period, any taxes, trial or promotional conditions, renewal terms, cancellation instructions, and applicable refund information before you decide to purchase. You will not be automatically enrolled or charged merely because you were a tester. A purchase would require your separate authorization through the offered checkout. No paid plan, trial duration, or subscription price is established by these Terms.

8. Account deletion and data

You may stop using the Service at any time and initiate account deletion from the app’s Settings using Delete Account. We require confirmation and may require renewed sign-in or other identity verification to protect your account. The in-app process is the ordinary deletion route; contacting support is not a routine prerequisite. If you encounter a problem, report it to support@qcoach.fit. This contact does not guarantee that support can bypass identity verification or resolve a provider-access problem.

For an account linked to Sign in with Apple, deletion includes revocation of Q-Coach’s Apple authorization. A merged account may have more than one linked Apple identity, and each authorization must be addressed separately. The app may request fresh Apple authorization to complete this step. Revoking one authorization is not confirmation that the account has been deleted; a cancelled or failed deletion attempt must not be treated as successful. Deleting Q-Coach does not delete your Apple Account or other provider account.

Deletion removes your account and associated personal data from our active systems, subject to any lawful retention described in the Privacy Policy. Deletion is not an account pause, and deleted workout history may not be recoverable. Do not assume uninstalling the app deletes your account. We do not promise instantaneous or absolute erasure from every backup, log, or third-party system; applicable retention, deletion, and rights-request practices must be explained in the Privacy Policy.

There is currently no Q-Coach subscription to cancel. If you later purchase an Apple-billed subscription, deleting your account or uninstalling the app will not by itself cancel that subscription. Cancellation must be handled separately through Apple’s subscription controls. Account deletion will not require you to cancel first or wait until a future subscription period ends.

9. Ownership and permitted use

The Service’s software, branding, text, exercise materials, demonstrations, and other content are owned by Q-COACH LLC or its licensors, subject to applicable third-party and open-source licenses. These Terms do not claim exclusive ownership of all exercise information or third-party materials. The iOS app license remains governed by Section 3.

You retain any ownership rights you have in feedback, uploaded materials, and other content you submit. You permit us to host, copy, process, and display that content only as reasonably needed to operate, secure, support, and provide the Service and its personalization features, consistent with the Privacy Policy and any separately required permissions. This permission does not transfer ownership or authorize unrelated commercial exploitation or AI-model training. Share only material you have the right to submit, and do not disclose another person’s sensitive information without appropriate authority.

Use the Service lawfully and for your personal fitness activities. Do not engage in fraud, harassment, infringement, unauthorized account access, security interference, malicious uploads, or automated extraction that disrupts the Service or infringes protected rights. Do not copy, distribute, modify, or reverse engineer protected parts of the Service except where permitted by applicable law, Apple’s standard license, an applicable open-source or third-party license, or our written permission. These restrictions do not prohibit legally protected security research, interoperability activity, or other conduct that cannot lawfully be restricted.

10. Availability, suspension, and termination

The Service may be interrupted for maintenance, network failures, technical problems, or circumstances beyond reasonable control. We may change features and may suspend or terminate access for a material breach of these Terms, unlawful conduct, a significant security or safety risk, or discontinuation of the Service. Where practicable and appropriate, we will provide notice and an opportunity to address a remediable breach; urgent safety, security, or legal needs may require immediate action.

You may terminate your use by stopping access and may request account deletion under Section 8. Termination does not eliminate rights or obligations that arose before termination. Sections concerning ownership, applicable releases, liability, and dispute-related rules survive only to the extent relevant and lawful. Suspension or termination is subject to mandatory consumer rights and does not change Apple’s standard license.

11. Service warranties and liability

Subject to mandatory law and Section 3, the Service is provided “as is” and “as available.” To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and noninfringement for the Service. We do not warrant uninterrupted or error-free operation or that suggested exercises will be suitable for every person or circumstance. This does not remove any express promise we make that is legally binding or any statutory warranty, remedy, or standard of care that cannot be excluded.

To the extent permitted by law and subject to Section 3, Q-Coach is not liable for indirect, incidental, special, or consequential economic loss arising from use of, or inability to use, the Service. This exclusion does not apply to gross negligence, recklessness, willful or intentional misconduct, fraud, or liability that cannot lawfully be excluded. It does not independently exclude liability for personal injury or death; Section 5 addresses the limited exercise release. These service Terms impose no monetary liability cap. Any limitations in Apple’s standard license remain governed by that agreement and mandatory law, not enlarged by these Terms.

12. Governing law and preserved consumer rights

Missouri law governs these service Terms, except where applicable law requires otherwise. This choice does not deprive you of mandatory consumer protections or other nonwaivable rights under the laws that apply where you reside. It does not replace the governing-law provisions of Apple’s standard license for matters governed by that license.

These Terms do not impose a mandatory arbitration clause, class-action waiver, shortened period for bringing claims, or exclusive court venue. Nothing prevents you from bringing a claim in a court with lawful jurisdiction or contacting a regulator or consumer-protection agency.

13. General provisions

These Terms and any separately agreed service-specific terms form the agreement between you and Q-Coach for the Service, subject to the separate Apple license and mandatory law. The Privacy Policy provides information about personal-data practices; acknowledging it is not a blanket consent to every processing activity.

If a provision is unenforceable, it will be limited or severed only to the extent lawful, and the remaining provisions will continue to apply unless applicable law requires a different result. Failure to enforce a provision on one occasion is not a waiver of future enforcement. Neither party may transfer these Terms in a way that reduces your mandatory rights. We may transfer the service agreement in connection with a genuine reorganization or sale of the Service, subject to applicable law, notice obligations, and the Privacy Policy.

14. Contact

For support, questions about these Terms, or help with account or privacy requests, contact:

Q-Coach LLC
51 A St, Lake Lotawana, MO 64086, United States
Telephone: (816) 289-1502
Email: support@qcoach.fit