Terms of Use

Effective date: April 16, 2026

1. Acceptance of Terms

By creating an Infitivy account or using any part of the Infitivy platform ("Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree, do not use the Service. These Terms form a legally binding contract between you and Infitivy. You must be at least 16 years old to use Infitivy.

2. The Infitivy Platform

Infitivy is a two-sided marketplace that enables Clients to discover and book fitness and wellness sessions with independent Trainers. Infitivy is a technology platform, not a fitness service provider. Trainers are independent contractors, not Infitivy employees. Infitivy does not supervise, direct, or control the content or delivery of training sessions.

3. Account Registration

You must provide accurate, current, and complete information when creating your account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at support@infitivy.app if you suspect unauthorised access. You may not create an account on behalf of another person without their consent.

4. Trainer Obligations

Trainers represent and warrant that: (a) they hold all required professional certifications and licences to provide the services they advertise; (b) the information in their profile is accurate and not misleading; (c) they will conduct sessions professionally and safely; (d) they will comply with applicable health, safety, and employment laws in their jurisdiction; (e) they will not solicit clients to pay outside the Infitivy platform; and (f) they will not provide medical diagnoses, prescribe treatments, or give advice that constitutes the practice of medicine. Trainers are independent contractors, not employees of Infitivy. Trainers are solely responsible for declaring and paying all applicable taxes on earnings received through the platform. Infitivy will provide earnings summaries upon request but does not withhold taxes on behalf of Trainers. Infitivy reserves the right to remove any Trainer profile that violates these Terms or that receives substantiated complaints from Clients.

5. Client Obligations

Clients agree to: (a) provide accurate health information relevant to their training sessions; (b) follow reasonable instructions from Trainers during sessions; (c) treat Trainers respectfully and professionally; (d) pay for sessions only through the Infitivy platform; and (e) not record or share session content without the Trainer's express written consent.

6. Bookings and Payments

All bookings are subject to Trainer availability and acceptance. Payment is collected at the time of booking via Stripe. A 10% platform fee is deducted from each transaction. Trainers receive their payout (90% of the session fee) automatically within 24 hours of session completion via Stripe Connect. Infitivy uses Stripe as its payment processor. By making or receiving payments on Infitivy, you agree to Stripe's Terms of Service and Privacy Policy.

7. Cancellation and Refunds

Client cancellations made more than 24 hours before the scheduled session: full refund to the Client. Client cancellations made less than 24 hours before the scheduled session: 50% of the session fee is paid to the Trainer; the remaining 50% (minus the platform fee) is refunded to the Client. Trainer cancellations: the Client receives a full refund. Repeated Trainer cancellations may result in account suspension. No-shows: treated as a late cancellation by the no-showing party.

8. Prohibited Conduct

You may not use Infitivy to: (a) impersonate any person or entity; (b) post false, misleading, or fraudulent content; (c) harass, threaten, or discriminate against other users; (d) transmit malware, viruses, or any malicious code; (e) scrape, crawl, or extract data from the platform by automated means; (f) circumvent payments by soliciting off-platform transactions; (g) upload content that infringes third-party intellectual property rights; or (h) engage in any activity that violates applicable laws.

9. Reviews

Following a completed session, both Clients and Trainers may leave a review. Reviews must be honest, based on actual experience, and must not contain personal attacks, discriminatory language, or false claims. Infitivy reserves the right to remove reviews that violate these standards. Attempting to manipulate ratings — including incentivising positive reviews — is prohibited.

10. Intellectual Property

All content on the Infitivy platform — including the app design, logo, UI, and proprietary code — is owned by Infitivy and protected by copyright and trademark law. Users retain ownership of content they submit (profile text, photos, reviews) but grant Infitivy a worldwide, royalty-free licence to display, reproduce, and distribute that content solely for the purpose of operating the Service.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. INFITIVY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. FITNESS TRAINING INVOLVES PHYSICAL RISK. INFITIVY IS NOT RESPONSIBLE FOR INJURIES, HEALTH OUTCOMES, OR DAMAGES ARISING FROM TRAINING SESSIONS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INFITIVY'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO INFITIVY IN THE 3 MONTHS PRECEDING THE CLAIM; OR (B) USD $100.

13. Termination

Either party may terminate this agreement at any time. You may delete your account via the app settings. Infitivy may suspend or terminate your account for violation of these Terms, fraudulent activity, or conduct harmful to other users or the platform, with or without notice depending on severity.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Any dispute that cannot be resolved informally shall be submitted to binding arbitration under the JAMS Arbitration Rules. Class action waiver: you agree to bring claims only in your individual capacity and not as a plaintiff in any class or representative action.

15. Changes to These Terms

We may update these Terms periodically. We will provide at least 14 days' notice of material changes via in-app notification and email. Continued use of the Service after the effective date of updated Terms constitutes acceptance.

16. Health and Medical Disclaimer

INFITIVY IS NOT A MEDICAL SERVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALL CONTENT ON THE PLATFORM — INCLUDING AI COACHING RESPONSES, TRAINER ADVICE, AND WORKOUT SUGGESTIONS — IS FOR INFORMATIONAL AND GENERAL FITNESS PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. Before beginning any new fitness programme, you should consult a qualified physician or other licensed healthcare provider. You assume all risk of injury from physical activities undertaken in connection with the Infitivy platform.

17. Indemnification

You agree to indemnify, defend, and hold harmless Infitivy, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right; (d) any content you submit to the platform; or (e) any harm caused by you to another user.

18. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and Infitivy. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of our right to enforce it in the future. Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. Infitivy may assign its rights and obligations without restriction.

19. Contact

For questions about these Terms: legal@infitivy.app