Terms of Service

Welcome to FITNEX. These Terms of Service ("Terms") govern your use of the website fitnexusa.com and related services (the "Platform") operated by FITNEX ("FITNEX", "we", "us" or "our"). By creating an account or using the Platform, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Platform.

1. What FITNEX Does

FITNEX is an online marketplace that connects people looking for fitness and wellness services ("Clients") with independent fitness and wellness professionals, such as personal trainers, nutrition coaches and sports performance coaches ("Trainers"). FITNEX provides tools for searching, matching, booking, payment and scheduling.

FITNEX does not provide training, coaching, nutrition, medical or health services itself. Trainers are independent professionals, not employees, agents or partners of FITNEX. Each Trainer is solely responsible for the services they provide.

2. Eligibility and Accounts

You must be at least 18 years old to create an account. If you are between 13 and 18, you may use the Platform only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf.
You agree to provide accurate, current and complete information and to keep it up to date.
You are responsible for keeping your password secure and for all activity under your account. Notify us immediately at joinfitnex@gmail.com if you suspect unauthorised use.
We may refuse, suspend or close accounts at our discretion, including for violations of these Terms.

3. Health and Safety Disclaimer

Please read this section carefully.

Physical exercise and dietary changes involve a risk of injury or health problems. Consult a physician before starting any exercise or nutrition program, especially if you are pregnant, have a medical condition, are taking medication, or have a history of injury.
Content on the Platform and advice from Trainers is for general fitness and wellness purposes only. It is not medical advice, diagnosis or treatment.
You take part in any session or program voluntarily and at your own risk. Stop exercising and seek medical help if you feel pain, dizziness, shortness of breath or discomfort.
You are responsible for telling your Trainer about any health conditions, injuries or limitations that may affect your training.

4. Bookings

Clients can book sessions based on the Trainer's listed availability and price. A booking is confirmed once payment has been completed successfully, unless the Platform states otherwise.
Session details (date, time, time zone, in-person or online format, and location where relevant) are shown at the time of booking and in your confirmation. Please review them carefully.
Clients agree to arrive on time and be prepared. Trainers agree to deliver the booked session as described.
Trainers may approve, decline or cancel bookings as permitted by the Platform. If a Trainer cancels a paid booking, the Client will be offered a refund or the option to reschedule.

5. Payments

Prices are set by Trainers and shown in U.S. dollars unless otherwise stated. Prices may include applicable taxes and platform fees, as displayed at checkout.
Payments are processed securely by our third-party payment provider, Stripe. By making a payment, you also agree to Stripe's terms. FITNEX does not store your full card details.
You authorise us and our payment provider to charge the payment method you provide for the total amount shown at checkout.
Clients must pay through the Platform. Paying a Trainer outside the Platform for sessions found through FITNEX is not allowed.

6. Cancellations, Rescheduling and Refunds

Cancellations, rescheduling and refunds are handled according to our Refund Policy and any cancellation terms shown on the Trainer's profile or at the time of booking. If a session cannot take place because of a problem caused by the Trainer or by FITNEX, you will receive a refund or the option to reschedule. Refunds are returned to the original payment method and may take several business days to appear, depending on your bank.

7. Trainer Obligations

If you join FITNEX as a Trainer, you also agree that:

You hold, and will keep current, any certifications, licences, qualifications and insurance required for the services you offer in your location.
The information in your profile is truthful and accurate.
You are an independent professional. You are responsible for your own services, schedule, methods, taxes, insurance and compliance with applicable laws.
You will keep your availability and pricing up to date and honour sessions booked through the Platform.
You will treat Clients professionally and respectfully, provide services safely, and not give medical advice outside your qualifications.
You will use Client information only to provide booked services and will protect it in line with our Privacy Policy and applicable law.
If you connect your Google Calendar, you authorise FITNEX to create, update and delete calendar events for your FITNEX bookings. You can disconnect at any time.
You will not ask Clients you met through FITNEX to book or pay outside the Platform.

FITNEX may review Trainer applications and profiles, and may approve, reject, suspend or remove any Trainer at its discretion. FITNEX does not guarantee that a Trainer will receive any particular number of bookings.

8. Reviews and User Content

Users may post reviews, ratings, photos, profile information and other content ("User Content"). You are responsible for your User Content and confirm that you have the right to share it.
Reviews must be honest and based on genuine experience. Fake, misleading, abusive or paid reviews are not allowed.
By posting User Content, you give FITNEX a non-exclusive, worldwide, royalty-free licence to host, display, reproduce and use it to operate and promote the Platform.
We may remove any User Content that violates these Terms or that we consider inappropriate, but we are not obliged to monitor all content.

9. Prohibited Conduct

You agree not to:

Provide false information, impersonate anyone, or create accounts for others without permission.
Harass, threaten, discriminate against or abuse other users.
Post unlawful, offensive, obscene or misleading content.
Use the Platform for fraud, spam or any illegal purpose.
Avoid Platform fees by arranging bookings or payments outside the Platform.
Copy, scrape, reverse engineer or interfere with the Platform's security or operation.
Upload viruses or other harmful code.

10. Intellectual Property

The Platform, including the FITNEX name, logo, design, text, graphics and software, is owned by FITNEX or its licensors and is protected by intellectual property laws. You may use the Platform only for its intended purpose. You may not copy, modify, distribute or create derivative works without our written permission.

11. Third-Party Services

The Platform uses third-party services, such as Stripe for payments and Google for sign-in and calendar integration. Your use of those services may be subject to their own terms and privacy policies. FITNEX is not responsible for third-party services.

12. Disclaimers

The Platform is provided "as is" and "as available". To the fullest extent permitted by law, FITNEX makes no warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not guarantee that the Platform will be uninterrupted or error-free, or that any Trainer, session or result will meet your expectations. FITNEX does not endorse any Trainer and is not responsible for the conduct, qualifications or services of any Trainer or Client.

13. Limitation of Liability

To the fullest extent permitted by law, FITNEX and its owners, employees and partners will not be liable for any indirect, incidental, special, consequential or punitive damages. This includes any personal injury, or loss of profits, data or goodwill, arising from or related to your use of the Platform or any session booked through it.

FITNEX's total liability for any claim relating to the Platform will not exceed the greater of (a) the amount you paid to FITNEX in the 12 months before the claim, or (b) USD $100. Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you.

14. Indemnification

You agree to defend, indemnify and hold harmless FITNEX and its owners, employees and partners from any claims, damages, losses and expenses (including reasonable legal fees) arising from:

your use of the Platform;
your User Content;
your violation of these Terms; or
for Trainers, the services you provide.

15. Termination

You may stop using the Platform and ask us to close your account at any time. We may suspend or terminate your access at any time if you violate these Terms or if we believe your actions may harm FITNEX, other users or third parties.

Sections that by their nature should continue after termination will survive. These include payment obligations, disclaimers, limitation of liability and indemnification.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of [STATE], United States, without regard to its conflict-of-law rules.

Before filing any claim, you agree to first contact us at joinfitnex@gmail.com so we can try to resolve the issue informally. Any dispute that cannot be resolved informally will be brought only in the state or federal courts located in [STATE], and you consent to the jurisdiction of those courts.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will change the effective date at the top of this page. For significant changes, we will also notify you by email or through the Platform. Your continued use of the Platform after changes take effect means you accept the updated Terms.

18. Contact Us

If you have any questions about these Terms, please contact us:

FITNEX Email: joinfitnex@gmail.com Website: fitnexusa.com