These Terms of Service ("Terms") form a legally binding contract between you and AbbariStudio ("OurFit," "we," "us," or "our"), the operator of the OurFitmobile apps, website, and related services (together, the "Service"). By creating an account, downloading the app, or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.
1. Who we are
The Service is operated by AbbariStudio. References to "OurFit" in these Terms mean AbbariStudio and its owners, employees, and contractors, as applicable.
2. Eligibility & accounts
You must be at least 18 years old, and able to form a binding contract, to use the Service. If you are a minor in your jurisdiction, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf and is responsible for your use. You are responsible for the accuracy of the information you provide, for keeping your credentials secure, and for all activity under your account. Notify us promptly of any unauthorized use.
3. What the Service is (and is not)
OurFit uses automated pose estimation and rule-based logic to give general feedback about exercise technique. It is a training aid intended for general fitness and educational purposes only. Automated feedback is inherently probabilistic and may be incomplete, delayed, or wrong, and results depend heavily on factors such as camera angle, lighting, and clothing. You should always use your own judgment and not rely on the Service as your sole source of guidance.
4. Health & safety — not medical advice
OurFit provides general fitness guidance, not medical advice. Form feedback is automated and can be wrong. Stop if you feel pain and consult a qualified professional before starting a new program.
OurFit is not a medical device and does not provide medical advice, diagnosis, or treatment, and is not a substitute for a physician, physical therapist, or qualified trainer. Consult a qualified healthcare professional before beginning, changing, or continuing any exercise program, especially if you are pregnant, elderly, recovering from injury or surgery, or have any medical condition. Exercise carries an inherent risk of serious injury or death. Warm up properly, use appropriate equipment, train within your ability, and stop immediately and seek medical help if you experience pain, dizziness, shortness of breath, or other symptoms. You are solely responsible for your health and training decisions.
5. Assumption of risk, release & waiver
You understand that physical exercise is inherently dangerous and that using the Service — including performing any movement, exercise, or program referenced by or analyzed with the Service — is done entirely at your own risk. To the maximum extent permitted by law, you knowingly and voluntarily assume all risks of injury, illness, disability, death, or property damage arising from or related to your use of the Service or reliance on any feedback it provides.
To the maximum extent permitted by law, you hereby release, waive, and discharge AbbariStudio and its owners, employees, contractors, and licensors from any and all claims, demands, liabilities, and causes of action of any kind — whether known or unknown — arising out of or connected with your use of the Service, including claims of negligence, personal injury, or wrongful death, except to the extent such a release is not permitted by applicable law.
6. License to use the Service
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your own, non-commercial training. All rights not expressly granted are reserved.
7. Your content
You retain ownership of the videos and other content you create or submit ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, and display Your Content solely to operate and provide the Service to you — for example, to analyze a video and return your results. We do not claim ownership of Your Content and do not use your workout videos to advertise to others. You represent and warrant that you own or have all rights necessary to submit Your Content, that it does not infringe or violate any third-party rights, and that any person shown in it has consented. You are solely responsible for Your Content.
8. Feedback
If you send us suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without any obligation or compensation to you.
9. Acceptable use
- Use the Service only for your own lawful, personal training and analysis.
- Do not upload content you don't have the rights to, or that depicts others without their consent.
- Do not attempt to disrupt, overload, reverse-engineer, decompile, or circumvent the security of the Service.
- Do not use the Service to build a competing product, or to scrape, harvest, or resell data.
- Do not use the Service in any way that is illegal, fraudulent, harmful, or infringes others' rights.
10. Subscriptions, billing & trials
Some features require a paid subscription. Subscriptions are sold and billed through the Apple App Store or Google Play and are subject to those stores' terms. Unless auto-renew is turned off at least 24 hours before the end of the current period, subscriptions renew automatically and your app store account is charged at the then-current price. You can view, manage, or cancel your subscription at any time in your app store account settings. Free trials, where offered, automatically convert to a paid subscription unless canceled before the trial ends.
Payments, refunds, and cancellations are handled by the applicable app store in accordance with its own policies; OurFit does not process payments and does not control whether a refund is granted. We may change subscription features and pricing on a going-forward basis; changes do not affect a period you have already paid for.
11. Intellectual property
The Service — including its software, models, design, text, graphics, and logos — is owned by AbbariStudio or its licensors and is protected by intellectual-property laws. These Terms do not grant you any right to our trademarks, branding, or content except as needed to use the Service as intended.
12. Third-party services
The Service relies on third parties such as the app stores, cloud hosting, authentication, and analytics providers, and may link to third-party content. We do not control and are not responsible for third-party services, and your use of them may be governed by their own terms and privacy policies.
13. Disclaimers
To the maximum extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that any form feedback, score, or recommendation will be accurate, reliable, or complete.
14. Limitation of liability
To the maximum extent permitted by law, in no event will AbbariStudio or its owners, employees, contractors, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or personal injury, arising out of or related to your use of (or inability to use) the Service, even if we have been advised of the possibility of such damages.
To the maximum extent permitted by law, our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the total amount you paid us (or paid to the app store for OurFit) in the twelve (12) months before the event giving rise to the claim, or (b) fifty US dollars (US $50). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case our liability is limited to the smallest amount permitted by law.
15. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless AbbariStudio and its owners, employees, contractors, and licensors from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms or of any law or third-party right; or (d) any injury or damage caused by your training or activities.
16. Dispute resolution & arbitration
Informal resolution first. Before starting any formal proceeding, you agree to contact us at legal@ourfit.co and try in good faith to resolve the dispute for at least 30 days.
Binding arbitration & class-action waiver. To the fullest extent permitted by applicable law, any dispute not resolved informally will be settled by final and binding individual arbitration rather than in court, and you and OurFit each waive the right to a jury trial and to participate in a class, collective, or representative action. The Federal Arbitration Act governs the interpretation and enforcement of this Section. If applicable law does not permit arbitration or a class-action waiver for a given dispute, that dispute will be brought only in the courts identified in Section 18, and the rest of this Section still applies to the extent permitted.
30-day opt-out. You may opt out of this arbitration agreement by emailing legal@ourfit.co within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration.
Nothing in this Section limits any non-waivable statutory or consumer rights you have under the mandatory law of your country of residence.
17. Termination & survival
You may stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms or use the Service in a way that could harm others, us, or the Service. Provisions that by their nature should survive termination — including Sections 4, 5, 7, 8, and 13–20 — will continue to apply.
18. Governing law & venue
These Terms and any dispute arising from them are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to its conflict-of-law rules. Subject to Section 16, you agree to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, USA, except where mandatory law of your country of residence requires otherwise.
19. Changes to the Service & Terms
We may modify or discontinue features as the product evolves, and we may update these Terms from time to time. When we make material changes, we will update the date above and, where appropriate, notify you in the app or by email. Your continued use of the Service after changes take effect means you accept the updated Terms.
20. Miscellaneous
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede any prior agreements.
- Severability. If any provision is found unenforceable, the rest remains in full force, and the unenforceable part will be limited to the minimum extent necessary.
- No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
- Apple/Google. If you use the Service via an app store, that store is not a party to these Terms and is not responsible for the Service, but may enforce these Terms as a third-party beneficiary where its rules require.
21. Contact us
Questions about these Terms? Email hello@ourfit.co (or legal@ourfit.co for legal notices). See also our Privacy Policy.