Fitkora Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of the Fitkora platform at fitkora.com and fitkora.app (the "Platform"), operated by Fitkora LLC, an Iowa limited liability company ("Fitkora," "we," "us").

By creating an account, subscribing, or using the Platform, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Platform.

2. Definitions

• "Gym Client" — a gym, studio, or fitness facility that has contracted with Fitkora.
• "Member" — an individual who uses the Platform, whether through a Gym Client or by subscribing directly.
• "Nutrition Hub" — Fitkora's nutrition and habit-coaching feature.
• "Program Library" — Fitkora's workout programming library.
• "Nutrition Professional" — a licensed dietitian or nutrition professional who offers consultations through the Platform as an independent practitioner.

3. What Fitkora provides

Fitkora is software. We provide a technology platform through which Gym Clients manage their facilities and Members access scheduling, check-in, membership management, programming, nutrition content, and — where offered — the ability to book consultations with independent licensed professionals.

We do not provide fitness instruction, medical care, nutrition counseling, dietetic services, or healthcare of any kind.

4. Eligibility and accounts

You must be at least 18 to create an account directly with Fitkora. Members aged 13–17 may use the Platform only through a Gym Client and with verifiable consent from a parent or guardian obtained by that Gym Client.

The Nutrition Hub and nutrition consultations are available only to individuals 18 and older.

You are responsible for the accuracy of your account information, for keeping your credentials confidential, and for activity under your account. Notify us promptly of unauthorized use.

5. Fitkora is a technology platform, not a healthcare provider

This section is important. Please read it carefully.

5.1 Fitkora is a technology company. Fitkora is not a healthcare provider, medical practice, dietetic practice, or provider of nutrition counseling services. Fitkora does not employ Nutrition Professionals to deliver professional services to Members.

5.2 Where the Platform enables a Member to book a consultation with a Nutrition Professional, Fitkora's role is limited to providing the technology that connects the Member with that professional and facilitates scheduling and payment. Fitkora is not a party to the professional relationship between a Member and a Nutrition Professional.

5.3 Nutrition Professionals offering consultations through the Platform are independent practitioners, not employees or agents of Fitkora. Each is solely responsible for: the professional services they provide; maintaining licensure in every jurisdiction where they practice; maintaining professional liability insurance; and complying with all laws and professional standards governing their practice.

5.4 Fitkora does not supervise, direct, or control the professional judgment, advice, recommendations, or services of any Nutrition Professional, and exercises no control over the content of any consultation.

5.5 Fitkora is not responsible or liable for the acts, omissions, advice, recommendations, or professional services of any Nutrition Professional. Any claim arising from professional services is between the Member and that professional.

5.6 Fitkora makes no representation or warranty regarding the qualifications, licensure status, competence, or quality of services of any Nutrition Professional. Members are encouraged to verify credentials independently.

6. Nutrition Hub and Program Library content

6.1 General information only. Content in the Nutrition Hub and Program Library — including meal plans, recipes, habit tracks, educational materials, and workout programming — is general information and education. It is not medical advice, not a medical diagnosis, not a treatment plan, and not individualized nutrition counseling or medical nutrition therapy.

6.2 Not a substitute for professional care. This content does not replace advice from your physician or a qualified healthcare provider. Never disregard professional medical advice or delay seeking it because of something you read or accessed on the Platform.

6.3 Consult a physician first. Consult your physician before beginning any nutrition program, diet change, or exercise program — particularly if you are pregnant or nursing, under 18, have or suspect a medical condition, take medication, have a history of disordered eating, or have any injury or physical limitation.

6.4 Allergies and restrictions. Recipes and meal plans may contain or reference common allergens. You are responsible for reviewing all ingredients and for determining whether any food is appropriate for you. Fitkora does not verify content against your individual allergies, intolerances, or medical restrictions.

6.5 Emergencies. The Platform is not for emergencies. If you are experiencing a medical emergency, call 911 or your local emergency number immediately.

6.6 Physical activity risk. Physical exercise carries inherent risk of injury. By using workout programming, you acknowledge that risk and agree that you participate voluntarily and at your own risk.

7. Consultations with Nutrition Professionals

7.1 State licensure. Nutrition Professionals may provide consultations only where they are licensed or where licensure is not required. The Platform restricts booking based on your location. You must provide accurate location information. Providing inaccurate location information to obtain a consultation is a violation of these Terms and may cause the professional to be unable to serve you.

7.2 Independent relationship. Any relationship formed during a consultation is between you and the Nutrition Professional. Fitkora is not a party to it.

7.3 Scheduling, cancellation, and fees. Consultation fees, cancellation windows, and no-show policies are disclosed at booking.

7.4 Confidentiality. Information you share during a consultation is subject to the professional's own confidentiality obligations and to our Privacy Policy.

8. Assumption of risk and release

You acknowledge and agree that:

• You use the Platform, its content, and any consultations voluntarily and at your own risk
• You are solely responsible for determining whether any nutrition or exercise recommendation is appropriate for you
• You will consult a physician as described in Section 6.3
• Individual results vary, and Fitkora makes no guarantee of any health, fitness, weight, or wellness outcome

To the fullest extent permitted by law, you release Fitkora from claims arising out of your participation in any nutrition or exercise program accessed through the Platform, and from the acts or omissions of any Nutrition Professional or Gym Client.

9. Subscriptions, billing, and cancellation

9.1 Plans. Gym Clients subscribe under separate written agreements. Members may subscribe to the Nutrition Hub and Program Library at the prices displayed at purchase. The price displayed at checkout is the price charged.

9.2 Automatic renewal. Subscriptions renew automatically at the then-current rate until cancelled. By subscribing you authorize recurring charges to your payment method.

9.3 Cancellation. You may cancel at any time through your account. Cancellation takes effect at the end of the current billing period. Access continues through the period you have paid for.

9.4 Refunds. Fees are non-refundable except as required by law or expressly stated at purchase.

9.5 Price changes. We may change prices with at least 30 days' notice before the change applies to your subscription. Continuing after the effective date constitutes acceptance; if you disagree, cancel before then.

9.6 Payment processing. Payments are processed by Stripe, Inc. and subject to Stripe's terms. Fitkora does not store full payment card numbers.

9.7 Failed payments. We may suspend access if a payment fails and is not cured after reasonable notice.

9.8 Taxes. Prices are exclusive of applicable taxes unless stated otherwise.

10. Acceptable use

You agree not to:

• Use the Platform unlawfully or for an unlawful purpose
• Provide false information, including false location information
• Share, resell, or provide account access to others
• Copy, distribute, or create derivative works from Platform content
• Reverse engineer, decompile, or attempt to extract source code
• Access the Platform by automated means without written permission
• Interfere with the Platform's operation or security
• Attempt to access accounts or data belonging to others
• Solicit Members off-Platform for competing services
• Upload malicious code or harmful content

We may suspend or terminate accounts that violate this section.

11. Intellectual property

11.1 Ownership. The Platform and all content we provide — software, programming, nutrition materials, text, graphics, logos, and the Fitkora name and marks — are owned by Fitkora or its licensors and protected by intellectual property law.

11.2 License to you. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use (or, for Gym Clients, as set out in their agreement). All other rights are reserved.

11.3 Your content. You retain ownership of content you submit. You grant Fitkora a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display it as necessary to operate and improve the Platform.

11.4 Feedback. Suggestions and feedback you provide may be used by Fitkora without restriction or compensation.

12. Third-party services

The Platform integrates third-party services, including payment processing and hosting, and may link to third-party sites. We are not responsible for third-party services or content, and your use of them is governed by their terms.

13. Disclaimers

THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Platform will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that content is accurate, complete, or current.

WE MAKE NO WARRANTY REGARDING ANY HEALTH, FITNESS, NUTRITION, OR WELLNESS OUTCOME.

Some jurisdictions do not allow exclusion of implied warranties, so some exclusions may not apply to you.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

14.1 Fitkora and its members, managers, and personnel are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to the Platform, whether based in contract, tort, strict liability, or otherwise, even if advised of the possibility.

14.2 Fitkora's total aggregate liability for all claims arising out of or related to these Terms or the Platform will not exceed the greater of (a) the total amounts you paid Fitkora in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

14.3 Nothing in this section limits liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or fraud.

14.4 These limitations are a fundamental basis of the bargain between you and Fitkora.

Some jurisdictions do not allow certain limitations, so some may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless Fitkora and its members, managers, and personnel from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of: your use of the Platform; your violation of these Terms or any law; your violation of any third-party right; or any content you submit.

16. Term and termination

16.1 These Terms remain in effect while you use the Platform.

16.2 You may terminate by cancelling your subscription and closing your account.

16.3 We may suspend or terminate your access at any time, with or without notice, for violation of these Terms or where we reasonably believe it necessary to protect the Platform or others.

16.4 On termination, your license ends immediately. Sections 5, 6, 8, 11, 13, 14, 15, 17, and 18 survive.

17. Governing law and disputes

17.1 Governing law. These Terms are governed by the laws of the State of Iowa, without regard to conflict of law principles.

17.2 Informal resolution first. Before filing any claim, you agree to contact us at legal@fitkora.app and attempt in good faith to resolve the dispute for at least 30 days.

17.3 Venue. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Dubuque County, Iowa, and you consent to their jurisdiction.

17.4 Limitation period. Any claim must be brought within one (1) year after it arises, or it is permanently barred, except where a longer period is required by law.

18. General

18.1 Changes. We may modify these Terms. Material changes will be notified by email or in-Platform notice at least 30 days before taking effect. Continued use after the effective date constitutes acceptance.

18.2 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Fitkora regarding the Platform. Gym Clients' separate written agreements control where they conflict as to that Gym Client.

18.3 Severability. If a provision is unenforceable, the remainder stays in effect.

18.4 No waiver. Failure to enforce a provision is not a waiver.

18.5 Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.

18.6 Force majeure. Neither party is liable for delays caused by events beyond reasonable control.

19. Contact

Fitkora LLC
An Iowa limited liability company
legal@fitkora.app

© 2026 Fitkora LLC. All rights reserved.