TERMS OF USE & LIABILITY WAIVER

These Terms of Use and Liability Waiver (“Agreement”) apply to individuals (“USER”) accessing features of the MTS FIT mobile application (“App”). By clicking “I Agree” or accessing the App, USER acknowledges and accepts these terms.

1. Access Level

Access provides limited use of App features, which may include:

Certain workout programs with video demonstrations.

Basic educational content (fitness, nutrition, mindset, self-betterment).

Limited community/forum access.

Other resources made available at COMPANY’s discretion.

2. Voluntary Participation

USER acknowledges they are voluntarily engaging in physical activity, nutrition adjustments, or mindset practices, and accept full responsibility for their participation.

3. Assumption of Risk

USER understands that workouts, nutritional changes, and self-development activities involve inherent risks, including potential injury, illness, or emotional discomfort. USER accepts these risks.

4. Release of Liability

USER releases COMPANY, its owners, contractors, affiliates, AppRabbit, Evora Agency, and other third-party vendors from liability for any injury, illness, loss, or damages arising from participation in or use of the App.

5. No Medical Advice

All content is for educational purposes only and is not a substitute for professional medical, psychological, or nutritional advice. USER is responsible for consulting licensed professionals as needed.

6. Data Use & Sharing

USER acknowledges that certain personal data (such as workout logs, app interactions, and community posts) may be stored and shared with AppRabbit, Evora Agency, and other service providers solely for service delivery, app improvement, or marketing purposes.

7. Community Conduct

USER agrees to respectful participation in community areas of the App. COMPANY reserves the right to remove posts or suspend USER access for violations of community guidelines.

8. Intellectual Property

All videos, programs, and content within the App are the intellectual property of COMPANY. USER is granted a personal, non-transferable license for individual use only. Sharing, copying, or distributing COMPANY’s materials is prohibited.

9. Digital Content Access & Delivery

All App content, programs, and resources are delivered digitally through the App and/or associated email communications. USER is responsible for providing accurate contact information and maintaining access to the App. COMPANY is not responsible for delays, interruptions, or access issues caused by device limitations, internet connectivity, spam filters, or third-party platforms.

10. Purchases, Subscriptions & Refunds

If USER purchases paid access, subscriptions, or in-app features, all sales are final. No refunds will be provided once access has been granted, including for partial use, failure to cancel subscriptions, or dissatisfaction with content. USER is responsible for managing their own subscription settings where applicable.

11. Pricing, Promotions & Discounts

Pricing, promotions, and discounts are subject to change at any time at COMPANY’s discretion. Any promotional pricing or discount must be applied at the time of purchase and cannot be applied retroactively. Previous pricing does not guarantee future rates.

12. App Availability & Modifications

COMPANY reserves the right to modify, update, suspend, or discontinue App features, content, or access levels at any time. Temporary service interruptions due to maintenance, updates, or technical issues do not constitute a breach of this Agreement.

13. Click-to-Accept Acknowledgment

By checking the acceptance box or clicking “I Agree,” USER confirms they have read, understood, and agreed to these Terms of Use & Liability Waiver before gaining access to the App.

14. Updates & Amendments

COMPANY may update these Terms of Use from time to time. Continued use of the App after any updates constitutes acceptance of the revised terms. The version in effect at the time of USER’s access governs their use of the App.

15. Governing Law

This Agreement is governed by the laws of California. Venue for disputes shall be in Orange County, California.