Terms and Conditions
Last updated: 9 December 2025
1. Acceptance of Terms
By accessing and using Elevayte ("the Service", "we", "our", or "us"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
These Terms and Conditions ("Terms") govern your access to and use of Elevayte's fitness tracking application and services. By using our Service, you agree to comply with and be bound by these Terms.
2. Description of Service
Elevayte is a fitness tracking application that allows users to:
- Create and manage fitness routines
- Log workout sessions and track progress
- View exercise information and instructions
- Access AI-powered fitness coaching and recommendations (Pro users)
- Generate personalised workout summaries
- Track weight and fitness statistics
3. User Accounts
3.1 Account Creation
To use certain features of the Service, you must create an account by signing in with Google. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
3.3 Account Termination
You may delete your account at any time through your profile settings. Upon account deletion, all your data will be permanently deleted as described in our Privacy Policy. We reserve the right to suspend or terminate your account if you violate these Terms.
4. Subscription Tiers
4.1 Free Tier
The Service offers a free tier that provides basic fitness tracking features, including routine creation, session logging, and progress tracking.
4.2 Pro Tier
The Pro tier provides additional features, including AI-powered fitness coaching and personalised recommendations. Pro tier features are subject to change, and we reserve the right to modify or discontinue Pro features at any time.
5. Acceptable Use
You agree not to use the Service to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Transmit any harmful, offensive, or inappropriate content
- Attempt to gain unauthorised access to the Service or its systems
- Interfere with or disrupt the Service or servers
- Use automated systems to access the Service without permission
- Reverse engineer, decompile, or disassemble any part of the Service
6. User Content
You retain ownership of all content you create, upload, or submit to the Service, including routines, session data, and notes. By using the Service, you grant us a licence to use, store, and process your content solely for the purpose of providing and improving the Service.
You are solely responsible for the accuracy and legality of your content. We reserve the right to remove any content that violates these Terms or is otherwise objectionable.
7. Intellectual Property
The Service, including its original content, features, and functionality, is owned by Elevayte and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not copy, modify, distribute, sell, or lease any part of the Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
8. AI-Powered Features
The Service uses third-party AI service providers (such as OpenAI and Anthropic) to provide AI-powered features including workout summaries, fitness coaching, and routine generation. By using these features, you acknowledge that:
- AI-generated content is provided for informational purposes only
- AI recommendations should not replace professional medical or fitness advice
- We do not guarantee the accuracy or completeness of AI-generated content
- Your data may be processed by third-party AI service providers as described in our Privacy Policy
9. Health and Safety Disclaimer
IMPORTANT: The Service is provided for informational and tracking purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or fitness programme.
Before beginning any exercise programme, consult with a healthcare professional, especially if you have any medical conditions, injuries, or concerns. Stop exercising immediately if you experience pain, dizziness, or shortness of breath.
We are not responsible for any injuries or health problems that may result from your use of the Service or following any exercise routines or recommendations provided through the Service.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, secure, or error-free, or that defects will be corrected. We do not warrant that the Service or any content provided through it will meet your requirements or expectations.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEVAYTE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us, if any, in the twelve (12) months preceding the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless Elevayte and its affiliates, officers, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.
13. Service Modifications
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
14. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Elevayte regarding your use of the Service and supersede all prior agreements and understandings.
19. Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Email: hello@kingfisherlabs.co.uk