Terms of Service

OrbFit uses artificial intelligence throughout — the voice coach, chat coaching, workout and nutrition plans, food-photo analysis, check-in summaries, and insights.

• AI output can be wrong. AI-generated plans, coaching, summaries, nutrition estimates, and insights may contain errors, omissions, or advice that is not appropriate for you. Treat them as suggestions from software, not facts.
• AI output is not medical advice. See Section 2, which applies to everything the AI says.
• You assume the risk of relying on AI output. Use your own judgment, and when in doubt, ask a qualified professional.
• Usage limits. We may impose usage or rate limits on AI features — for example, a cap on voice-coach minutes — which may vary by subscription tier and may change over time.

• OrbFit is a general wellness product. It is designed to help you build habits, move more, and eat with intention.
• OrbFit does not provide medical advice, diagnosis, or treatment. Nothing in the Service — including AI coach responses, plans, nutrition estimates, or insights — is medical advice.
• No doctor-patient relationship is created by using the Service, including by telling the app or the AI coach about your health.
• We are not a HIPAA covered entity or business associate. Your health data is governed by our Privacy Policy, not HIPAA.
• Talk to a physician before changing your exercise or nutrition habits — especially if you have reported (or have) a medical condition such as diabetes, pregnancy, a heart condition, an injury, or a mobility limitation. OrbFit personalizes around what you tell it, but it cannot evaluate whether exercise or a diet change is safe for you. Only a clinician can.
• Stop exercising and seek medical attention if you feel pain, dizziness, shortness of breath, or anything else that feels wrong.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL 911 (OR YOUR LOCAL EMERGENCY SERVICES) IMMEDIATELY. DO NOT RELY ON THE SERVICE FOR EMERGENCY ASSISTANCE.

• You must be at least 13 years old to use OrbFit (16 if you are in the EEA or UK). Purchases additionally require the legal capacity to enter a contract under the rules of the Apple App Store or Google Play, as applicable.
• You must provide accurate information when creating your account and keep it current.
• You are responsible for keeping your credentials secure and for all activity under your account. Tell us at support@itson.app if you suspect unauthorized access.
• One account per person. Your account is yours — don't share it or transfer it.

OrbFit's daily check-ins and realtime voice coach record and process your voice. By using these features, you consent to the recording, transcription, and AI processing of your voice as described in our Privacy Policy — including transcription and analysis by the third-party AI providers named there. If you do not consent, do not use the voice features; the rest of the app remains available.

• You own your content. Check-in recordings and transcripts, food photos, workout videos, logs, and anything else you submit remain yours.
• You give us a limited license to host, store, process (including AI processing), reproduce, and display your content solely to operate and improve the Service — for example, transcribing your check-ins, analyzing your food photos, and displaying your handle, avatar, XP, level, and rank on leaderboards. This license ends when your content is deleted from the Service, subject to the deletion timelines in the Privacy Policy.
• You are responsible for your content. Only submit content you have the right to submit.
• Feedback is ours to use. If you send us ideas, suggestions, or feedback, we may use them without restriction or compensation. (We appreciate it, though.)

Leaderboards show your handle, display name, avatar, XP, level, and rank to other users. When participating:

• No impersonation of any person or entity.
• No offensive handles, display names, or avatars — nothing hateful, harassing, sexually explicit, or otherwise abusive.
• No cheating or manipulation of XP, streaks, or rankings.

We may rename, remove, or restrict accounts and content that violate these rules.

• How billing works.OrbFit's paid subscription is an auto-renewing in-app subscription purchased through the Apple App Store and managed via RevenueCat. Apple bills you; we never see your full payment card details. Your subscription renews automatically until you cancel.
• How to cancel (iOS):
  1. Open Settings on your iPhone.
  2. Tap your name at the top.
  3. Tap Subscriptions.
  4. Select OrbFit and tap Cancel Subscription.
  Cancel at least 24 hours before the end of the current period to avoid the next charge.
• Deleting the app or deleting your OrbFit account does NOT cancel your subscription. You must cancel through Apple as described above.
• Refundsare handled by Apple under Apple's refund policies — request them through Apple, not us.
• Price changes. We may change subscription prices; you will receive notice through the App Store mechanism before a change affects you, and you can cancel before it takes effect.
• Free tier. Features available without a subscription may change, be limited, or be discontinued at any time.

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial use.

You agree not to:

1. Reverse engineer, decompile, or attempt to extract the source code of the Service (except where the law forbids this restriction);
2. Scrape, harvest, or bulk-extract data from the Service, or access it with bots or automated tools;
3. Circumvent rate limits, usage limits, security measures, or access controls;
4. Interfere with or disrupt the Service, or use it to abuse, harass, or harm others;
5. Resell, sublicense, or commercially exploit the Service or its content.

The Service depends on third-party services — including Apple, Google, Supabase, and the AI and integration providers listed in our Privacy Policy (such as OpenAI, Anthropic, Deepgram, Cartesia, Daily/Pipecat, FatSecret, and Garmin). We do not control these services and are not responsible for their availability, accuracy, or conduct. Your use of an optional integration (like Garmin, HealthKit, or Health Connect) is also governed by that provider's own terms. If a third-party service changes or shuts down, features that depend on it may change or stop working.

• By you: delete your account in the app (Settings → Delete account) at any time. Deletion follows the 30-day grace period described in the Privacy Policy. Remember: deleting your account does not cancel your App Store subscription (Section 7).
• By us: we may suspend or terminate your account if you violate these Terms, abuse the Service or other users, or where required by law. Where reasonable, we will tell you why.
• Survival. Sections that by their nature should survive termination do — including Sections 5 (license to feedback), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnity), and 14 (Dispute Resolution).

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED CONTENT WILL BE ACCURATE OR SUITABLE FOR YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS CAPPED AT THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) USD $50.

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW, AND NOTHING AFFECTS STATUTORY CONSUMER RIGHTS YOU HOLD IN YOUR JURISDICTION.

You agree to indemnify us against third-party claims, and the reasonable costs of defending them (including reasonable attorneys' fees), to the extent they arise from (a) content you submit to the Service, (b) your violation of these Terms, or (c) your violation of another person's rights. This does not apply to the extent a claim results from our own breach of these Terms or our own negligence.

1. Talk to us first. Before filing any claim, email support@itson.app describing the dispute. We will try in good faith to resolve it informally for 30 days from your email. Neither of us may start formal proceedings during that window.
2. Courts and governing law. These Terms are governed by the laws of the State of New Jersey, USA, without regard to conflict-of-law rules. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in New Jersey, and you and we consent to their jurisdiction.
3. Small-claims carve-out. Either of us may bring an individual claim in small-claims court in your county (or in New Jersey) instead.
4. Class-action waiver. TO THE EXTENT PERMITTED BY LAW, BOTH OF US WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE PROCEEDING; CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. If this waiver is found unenforceable for a particular claim, it does not apply to that claim.
5. There is no arbitration clause in these Terms.

• Changes to these Terms.We may update these Terms. For material changes, we will give you notice in the app or by email before they take effect. Continued use of the Service after the effective date means you accept the updated Terms. If you don't accept them, stop using the Service and delete your account.
• Severability. If any provision of these Terms is found unenforceable, the rest remain in effect.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service.
• Assignment. You may not assign these Terms. We may assign them in connection with a sale or reorganization of the business, to a successor who must honor them.
• No waiver. Our not enforcing a provision is not a waiver of it.

Paulo Batista Ferraz
Operator of OrbFit
support@itson.app
New Jersey, USA