Terms of Service

1. Who you are contracting with

These Terms of Service (the "Terms") are a legal agreement between you and ClayFit ("ClayFit", "we", "us") governing your access to and use of the ClayFit website and application at clayfitness.app (the "Service").

2. Acceptance

By creating an account, accessing, or continuing to use the Service, you agree to be bound by these Terms and our Privacy Notice. If you do not agree, do not use the Service. You confirm you are at least 18 years old, or the age of majority in your jurisdiction, and — if using the Service on behalf of an organization — that you have authority to bind it.

3. The Service

ClayFit provides a wave-progression strength-training program, cardio tracker, rest timer, progress analytics, and related coaching content. The Service is for general fitness and informational purposes only and is not medical advice. Consult a qualified healthcare professional before starting any exercise program.

4. Accounts

You must provide accurate information and keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately of any unauthorized use.

5. Acceptable use

You agree not to misuse the Service. You will not:

• use the Service for unlawful, fraudulent, or harmful purposes;
• send spam or unsolicited communications;
• infringe intellectual property or other rights of any person;
• interfere with the security or integrity of the Service (including probing, scanning, scraping, or transmitting malware); or
• reverse engineer, resell, redistribute, or circumvent technical limits of the Service.

6. Subscription, payment, and billing

Paid plans are billed in advance on a recurring basis (monthly or annual) until cancelled. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Payment, billing, taxes, cancellations, and refund mechanics are governed by Paddle's Buyer Terms and our Refund Policy.

You may cancel your subscription at any time via your account or by contacting Paddle at paddle.net. Cancellation stops future renewals; access continues until the end of the current billing period.

7. Intellectual property

ClayFit and its licensors own the Service, including all software, content, branding, programming methodology, and documentation. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial training within the plan you have purchased. We retain all rights not expressly granted.

8. Your content

You retain ownership of the workout data and other content you submit. You grant ClayFit a limited license to host, store, and process that content solely to operate and improve the Service for you.

9. Service level

We work hard to keep the Service available, but we do not guarantee that it will be uninterrupted, error-free, or always meet your expectations. To the maximum extent permitted by law, the Service is provided "as is" and we disclaim all implied warranties, including merchantability and fitness for a particular purpose.

10. Liability

To the maximum extent permitted by law, ClayFit's aggregate liability arising out of or related to the Service is limited to the fees you paid to us in the 12 months immediately preceding the event giving rise to the claim. We are not liable for indirect, incidental, consequential, special, or exemplary damages, including loss of profits, data, or goodwill. Nothing in these Terms limits liability that cannot be limited under applicable law (such as fraud, death, or personal injury caused by negligence).

11. Indemnity

You will indemnify and hold ClayFit harmless from claims arising out of your content, your use of the Service in violation of these Terms, or your violation of any law or third-party right.

12. Suspension and termination

We may suspend or terminate your access to the Service if you materially breach these Terms, fail to pay, present a security or fraud risk, or repeatedly violate our policies. You may stop using the Service and close your account at any time. On termination, your license ends and we may delete your data after a reasonable export window, except where retention is required by law.

13. Changes to the Service or Terms

We may modify the Service or these Terms from time to time. Material changes will be communicated by updating the "Last updated" date and, where appropriate, by email or in-app notice. Continued use of the Service after changes take effect constitutes acceptance.

14. Governing law

These Terms are governed by the laws of the seller's jurisdiction, without regard to its conflict-of-laws rules. The courts of that jurisdiction have exclusive jurisdiction over any dispute, except where mandatory local consumer-protection law provides otherwise.

15. Miscellaneous

You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce any provision is not a waiver. These Terms, together with the Privacy Notice and Refund Policy, are the entire agreement between you and ClayFit regarding the Service.

16. Contact

ClayFit — support@clayfitness.app