Privacy Policy

FitnessOS (the "App")
Effective date: September 3, 2026
Provided by Ira McCune II LLC ("we," "us," "our").

1. Who this policy applies to

This policy applies to your use of the FitnessOS mobile app on Android and iOS and the FitnessOS web app. It does not cover third-party services that operate under their own privacy policies (for example, Apple Health, Android Health Connect, Google Calendar, Microsoft Outlook, your device's app store, or a payment processor). If you use FitnessOS as a client of a personal trainer or gym ("Coach") through the App, your Coach may see information you share with them; that Coach is responsible for their own use of your information.

2. Information we collect

2.1 Account and profile information

• Account: email address, and (optionally) your name, created through our identity provider, Amazon Cognito.
• Single sign-on (optional): if you sign in with Google, Apple, or Facebook, we receive your email address and name from that provider to create or link your account.
• Profile you provide: name, age, height, weight, fitness level, goals, dietary preferences, allergies, short bio, ZIP/postal code, profile photo/avatar, and optional social handles you enter.
• Your acceptance of these documents: the version of the Privacy Policy and Terms of Use you accepted and the date and time you accepted them.

2.2 Health, fitness, and wellness data

Depending on the features you use, we collect the health and fitness information you enter or generate, which may include:

• Body & biometric metrics: weight, body-fat percentage, lean body mass, resting heart rate, heart rate, heart-rate variability (HRV), VO₂max, sleep duration and efficiency, blood pressure (systolic/diastolic), steps, active calories, and readiness scores.
• Workouts: strength sets, cardio sessions, personal records, daily activity aggregates (distance, calories, duration), and the free-text training-context notes and recovery tags you attach to a session. These notes are stored in your account alongside the rest of your workout history and are read by the AI coach (Section 4) so it can adjust your training. Because they are free text, whatever you type is what we store — people commonly record sleep quality, illness, injury, soreness, stress, cold plunge or sauna use, and where they are in their menstrual cycle. Please only enter what you are comfortable storing.
• Nutrition: meals and foods you log, macros, hydration, fasting windows, and meal plans. To find nutrition facts for a food you type or dictate, the App sends the food name you searched for — not your account identity, profile, or any health value — to third-party food databases. Some of those lookups go directly from your device, so the database also sees your IP address. The providers are listed in Section 5.
• Supplements and substances: any supplements or substances you choose to record (for example, creatine, peptides, or hormone therapy), including the dose you record and the date and time you record taking it. Please only enter what you are comfortable storing.
• Menstrual and reproductive health (optional): there is no in-app period log. If you grant access, the App reads your recent period start dates from Apple Health or Health Connect on your device and estimates your cycle length, current cycle day, and cycle phase from them in memory, to show your cycle status and adjust training guidance. We do not store those dates, or the phase derived from them, on our servers — the read happens fresh on your device each time. Your current phase is included in the context sent to our AI provider when you use the AI coach (Section 4). We do not sell this data, use it for advertising, or share it with any third party for their own purposes, and you can revoke access at any time in your device's health settings.
• Cycle details you choose to type into a training-context note are stored with that note, as described above.
• Coaching messages & AI chats: messages you send to the AI coach and, if applicable, to a human Coach.
• Voice input: if you use voice logging, the transcribed text of your commands. If you correct a voice-logging result, we also store that correction (what was recognized and what you changed it to) so we can improve recognition accuracy.
• Much of this is "consumer health data" under laws such as Washington's My Health My Data Act, Nevada SB 370, and similar state laws, and is "sensitive personal information" under the California Privacy Rights Act. We collect it only to provide the features you use, as described in Section 3, and we do not use or disclose it for any other purpose.

2.3 Photos and camera

• Food photos and gym/equipment/exercise-form photos: when you use AI vision features, the image is sent to our servers and to our AI provider (Amazon Bedrock) to identify the food or equipment. These images are processed transiently and any temporary copy in our storage is automatically deleted (currently within 30 days).
• Progress/body photos: stored only on your device. They are not uploaded to our servers.
• Barcode scanning: the barcode is decoded on your device; only the resulting product code — never the image — is used to look up nutrition data. We check our own catalog first. If the product is not there, your device queries the Open Food Facts database directly, which means that database sees the barcode and your IP address, but nothing that identifies you or your account (Section 5).
• Community posts: if you post to the social feed (Section 2.8), any image you choose to include in a post is stored in our cloud and shown to other users per that post's visibility.
• Photos sent in a coach chat: these are stored in our cloud so your coach can see them, and each one is automatically scanned by Amazon Rekognition before it is delivered, to keep explicit nudity out of coaching threads. The scan is automated, looks only at the image, and returns descriptive labels — no person is identified and no human reviews your photo as part of it. Swimwear, posing suits and gym clothing are expected content here and are not blocked. If a photo is blocked it is not delivered and is moved to a restricted area of our storage rather than deleted, so a mistake can be undone.

2.4 Location

• If you use run/walk tracking, the App collects precise location in the background to record your route, distance, and pace during an active workout.
• Your raw GPS route and coordinates stay on your device (and, if you allow it, are written to Apple Health or Health Connect). We send only derived aggregates (such as total distance and calories) to our servers — not your coordinates or map trace.

2.5 Apple Health (iOS) and Health Connect (Android)

If you connect a platform health service, the App reads the health data types you authorize — for example steps, distance, active calories, weight, body-fat %, heart rate, resting heart rate, HRV, VO₂max, sleep, and blood pressure.

• iOS — Apple Health (HealthKit): read on your device for the types you grant.
• Android — Health Connect: read on your device for the types you grant; the App may also write your recorded workouts (exercise, distance, calories) back to Health Connect.

Summary values from these sources are then synced to your account in our cloud so your dashboard and AI coach can use them. We only read the data types you grant, and you can revoke access at any time in iOS Settings or the Health Connect settings on Android.

2.6 Connected calendars (optional)

If you connect Google Calendar or Microsoft Outlook Calendar to schedule workouts or coaching sessions, you authorize us through that provider's standard consent screen. When connected we receive and store:

• Access and refresh tokens for your calendar account, stored on our servers so the connection persists. These are used only to read your calendar on your behalf.
• Calendar event details for the periods we check — event start and end times, titles, and busy/free status — used to find open slots, detect scheduling conflicts, and show your availability.

Our use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. We use calendar data only to provide the scheduling features you requested. We do not use it for advertising, we do not sell it, we do not use it to train generalized AI models, and we do not allow humans to read it except with your explicit permission, to resolve a support issue you raise, for security purposes, or as required by law. You can disconnect a calendar at any time in the App (Settings → Integrations), which deletes the stored tokens, and you can also revoke access directly in your Google or Microsoft account settings.

2.7 Payments and subscriptions

If you purchase a subscription or, as a Coach, sell training packages, payments are processed by third-party payment providers — Apple in-app purchases, Google Play Billing, and/or Stripe. We receive transaction and subscription status (such as what you purchased and whether it is active) to grant access to paid features. We do not receive or store your full card number; card details are handled by the payment provider under its own privacy policy. Some paid features may be shown as "coming soon" and not yet active.

2.8 Community / social feed

If you use the social feed, we collect and store the content you create — posts, comments, likes, and the accounts you follow — along with reports you submit about other users' content and the accounts you block. This content is associated with your account and shown to other users of the feature. Do not post anything you do not want other users to see.

2.9 Coaching relationships (trainers, gyms, and their clients)

• If you are a Coach: we store the client records you create — client names and contact details, the intake forms you send and the responses you receive, your notes, assigned programs and meal plans, session and check-in history, and any files you upload about a client.
• If you are a client of a Coach: your Coach can see the information you share with them through the App, including your intake-form responses, the workouts and nutrition you log while connected to them, your check-ins, and the messages you send them. Your Coach may also record private notes about you. Your Coach controls those records and is responsible for their own use of them.

2.10 Invitations and referrals

If you invite someone to FitnessOS or join through an invitation, we store the invitation and the resulting connection — who issued it, whether it was a Coach invitation, and which account claimed it — so the right access is granted.

2.11 Technical and device data

• Push notification token (if you enable notifications), so we can deliver messages via Apple (APNs) or Google (FCM).
• Crash and error diagnostics via Sentry, if enabled in a given build. We configure Sentry to strip personal information: crash reports include an internal user ID and technical error details, but not your email, name, or request contents.
• Product usage events (if diagnostics are enabled in a given build). We record a short, fixed list of events — account created, onboarding completed, workout completed, food logged, AI chat sent, invitation claimed — together with non-identifying properties such as counts, durations, and which input method was used. These events are recorded through Sentry, the same provider that handles our crash diagnostics. They never include the content of what you logged: not the food, the calories, the barcode, the message text, or any health value.
• Authentication tokens, stored on your device to keep you signed in.

We do not use advertising SDKs or ad networks, we do not allow any third party to track you across other apps or websites, and we do not use third-party marketing or behavioral-analytics platforms (no Mixpanel, Amplitude, PostHog, Firebase Analytics, or similar). The only diagnostic and product- usage telemetry we collect is the Sentry-based data described above. The one piece of third-party content embedded in the App is the YouTube exercise-tutorial player described in Section 2.12; we do not control the cookies YouTube sets in the App when you play a tutorial.

2.12 Exercise demo media (YouTube)

Exercise cards show a still thumbnail of the movement, and tapping play opens a form tutorial in an embedded YouTube player inside the App. Both are served by Google: the thumbnail is loaded from YouTube's image host (i.ytimg.com) when the card is displayed, and the player itself loads from youtube.com only when you tap play. In each case your device contacts Google directly, and Google receives your IP address, which exercise video was requested, and — during playback — whatever cookies its player sets in the App's own storage. We do not send Google your account, your profile, or any of your health, fitness, or nutrition data, and we do not receive anything back about what you watched. Google's handling of those requests is governed by its own privacy policy.

2.13 Connected social accounts (Instagram and Facebook) — Coaches only

If you are a Coach, you may connect a professional Instagram or Facebook account that you own or are authorized to manage, so that messages and comments sent to that account can be read and answered from inside the App alongside your client records. This is optional, it applies only to Coaches, and nothing is collected until you complete Meta's own authorization screen. When connected we receive and store:

• Access tokens for the connected account, stored on our servers so the connection persists. They are used only to read and send messages and comments on your behalf — including, if you switch it on, a short automatic holding reply that acknowledges a new message before you respond personally. The auto-reply is off by default, is clearly disclosed as automated where required, and you can turn it off at any time in the App.
• Account details for the connected professional account — its identifier, username, name, and profile picture.
• Direct messages sent to and from the connected account, including message text, any attachments, timestamps, and the read/delivery status of a message.
• Comments on that account's own posts, including the comment text and timestamp, and limited details of the post the comment is on.
• Details of the people who message or comment — their Instagram- or Facebook-scoped user identifier, username or display name, and profile picture — so the conversation can be shown and, where you have matched them, linked to that person's client record in the App.
• People who message or comment on a Coach's connected account are not necessarily users of the App. We process their messages and comments on the Coach's behalf, only to show and answer that correspondence, and only within that Coach's account. We do not sell this information, do not share it for advertising, do not use it to build profiles or audiences, and do not use it to train AI models. It is not combined with the health, fitness, or nutrition data of any App user.

You can disconnect the account at any time in the App, or revoke the App's access from your Instagram or Facebook settings. When you do, we delete the stored tokens and the messages, comments, and sender details retrieved from that account, subject to the limited exceptions in Section 7. Our access to and use of this information also remains subject to Meta's Platform Terms and Developer Policies.

3. How we use your information

• Provide, operate, and personalize the App's fitness, nutrition, coaching, scheduling, and community features.
• Generate AI-powered coaching, food recognition, plans, and analysis (see Section 4).
• Process subscriptions and payments and grant access to paid features.
• Sync your data across your sessions and devices while signed in.
• Send you notifications you've enabled (e.g., coach messages).
• For Coaches who connect one, show the messages and comments sent to a professional Instagram or Facebook account in one inbox, send the replies they write (and, if the Coach turns it on, a short automatic holding reply), and link a conversation to the matching client record (see Section 2.13).
• Receive, track, and respond to support requests you send us, including through the support form on our website.
• Record and evidence your acceptance of our Terms of Use and this Privacy Policy.
• Maintain security, prevent abuse, moderate community content, debug, and improve reliability.
• Comply with legal obligations.

We do not sell your personal information, we do not share it for cross-context behavioral advertising, and we do not use your health, nutrition, cycle, or calendar data to train generalized AI models.

4. AI features (Amazon Bedrock)

Coaching, food/equipment recognition, plan generation, and related features use Amazon Bedrock, an AWS AI service, running Anthropic Claude models within AWS. To produce useful results, we send relevant context to Bedrock, which may include your profile, goals, allergies, recent health and fitness metrics (such as weight, body-fat %, heart rate, HRV, sleep, and blood pressure), any supplements you've recorded, your cycle phase if you use cycle tracking, your nutrition and strength data, the training-context notes and recovery tags you attach to workouts, your chat messages, and — for vision features — the photo you submit. This data is processed to generate a response. Amazon Bedrock does not use your data to train its underlying models.

5. Where your information is stored and who processes it

Your account and synced data are stored in the United States on Amazon Web Services (region us- east-1), in Amazon DynamoDB and Amazon S3, behind authenticated APIs. We rely on the following service providers ("subprocessors") to run the App:

6. Data retention

We keep your account information and health/fitness data for as long as your account is active, so the App can show your history and trends. Photos submitted for AI vision are processed transiently and temporary copies are deleted automatically (currently within 30 days). Calendar tokens are deleted when you disconnect the calendar. Tokens and the messages, comments, and sender details from a connected Instagram or Facebook account are deleted when you disconnect that account (Section 2.13). Backups and point-in-time recovery snapshots may persist for a limited additional period. When you delete your account, we remove your data as described in Section 7.

7. Deleting your account and data

You can delete your account from the App (Settings → Privacy & Security → Delete Data). When you do, we delete your personal data from our user records — including your workouts and the training-context notes attached to them, health metrics, nutrition logs, supplement and dose history, chat history, social posts and comments, calendar connections, any connected Instagram or Facebook account together with the messages and comments retrieved from it, connections, and profile — and delete your login from Amazon Cognito. There are no cycle logs to delete: as described in Section 2.2, cycle data is never stored on our servers.

What deletion does not remove:

• Messages you sent to a human Coach, and any intake-form responses you submitted to a Coach or gym, may be retained as part of that Coach's records.
• Data stored only on your device (such as your GPS route history and on-device progress photos) is cleared on that device, but is not affected on any other device where you were signed in.
• Payment and transaction records held by Apple, Google, or Stripe are governed by those providers and by our record-keeping obligations.
• We may retain limited information where required for legal, security, or fraud-prevention purposes, including a record of your acceptance of these documents.
• Support requests you submit through our website, and our correspondence about them, are held in our support system and are not removed by account deletion. To have those deleted too, ask us and we will, except where we must keep a record for legal, security, or fraud-prevention purposes.

You can also request deletion through the support form on our website or by emailing us at support@iramccune.com.

8. Your privacy rights

Depending on where you live, you may have rights to access, correct, delete, or obtain a copy of your personal information, and to opt out of certain processing. Because we do not sell personal information or use it for cross-context behavioral advertising, there is nothing to opt out of in those categories.

• California (CCPA/CPRA): rights to know, access, delete, correct, and non-discrimination. We collect the categories of personal information described in Section 2, for the purposes in Section 3, and retain them as described in Section 6. Some of that information — including health, nutrition, precise location, and cycle data — is sensitive personal information. We use sensitive personal information only to provide the features you requested and for the purposes permitted under CPRA section 1798.121(a); we do not use or disclose it to infer characteristics about you, so no "Limit the Use of My Sensitive Personal Information" option is required. We have not sold or shared personal information in the preceding 12 months.
• Washington My Health My Data / Nevada SB 370 and similar consumer health data laws: rights regarding your consumer health data, including the right to access it, the right to delete it, the right to a list of third parties with which it has been shared, and the right to withdraw consent to its collection and sharing.
• Other states: residents of states with comprehensive privacy laws have similar rights of access, correction, deletion, portability, and appeal. If we deny a request you may appeal by replying to our response.

To exercise any right, use the in-app account deletion, submit the support form on our website, or contact us at support@iramccune.com. We will verify your request through your account and will not discriminate against you for exercising a right.

9. Security

We protect your information using industry-standard measures, including encryption in transit (HTTPS/TLS), authenticated access with per-user authorization so users can only reach their own data, encryption at rest for sensitive data stored on your device, and access controls on our AWS infrastructure. No method of transmission or storage is 100% secure, and we cannot guarantee absolute security. If we experience a breach affecting your health information, we will notify you as required by applicable law (including, where it applies, the FTC Health Breach Notification Rule).

10. Children's privacy

FitnessOS is intended for users aged 13 and older and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided us information, contact us and we will delete it.

11. Where the App is offered

FitnessOS is offered to users in the United States only, and we store and process data in the United States. The App is not offered to, and is not intended for, residents of the European Economic Area, the United Kingdom, or Switzerland, and we do not target or monitor users in those regions. If you access the App from outside the United States, you do so on your own initiative and you understand that your information will be transferred to and processed in the United States.

12. Not medical advice

FitnessOS provides general fitness and wellness information and AI-generated suggestions. It is not a medical device and does not provide medical advice, diagnosis, or treatment. Cycle-tracking features are for general wellness and training guidance only and must not be used for contraception, fertility planning, or diagnosing any condition. Consult a qualified professional before making health, exercise, supplement, or dietary decisions.

13. Changes to this policy

We may update this policy from time to time. We will post the updated version here and revise the "Effective date" above. Material changes will be communicated in the App, and where the change materially affects how we handle your consumer health data we will ask you to accept the updated policy before you continue using the App.

14. Contact us

Ira McCune II LLC
Email: support@iramccune.com
Support form: fitnessosapp.com/support
8595 Pelham Rd, Suite 400 #869, Greenville, SC 29615, USA

Terms of Use

FitnessOS — Effective date: August 18, 2026
Provided by Ira McCune II LLC ("we," "us," "our").

1. Acceptance of terms

By checking the acceptance box when you create an account, or by accessing or using FitnessOS (the "App"), you agree to be bound by these Terms of Use and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not create an account and do not use the App. We record the version of these Terms you accepted and the date and time of your acceptance.

If we materially change these Terms, we will ask you to accept the updated version. Continuing to use the App after an update takes effect constitutes acceptance of the updated Terms.

2. Eligibility

You must be at least 13 years old to use the App. If you are under the age of majority where you live, you may use the App only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf. The App is offered only in the United States. By using the App you represent that you meet these requirements and that you are not barred from using it under applicable law.

3. Account responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information and to keep it current. Notify us promptly at support@iramccune.com of any unauthorized use.

4. Acceptable use

You agree not to:

• reverse engineer, decompile, or attempt to extract source code from the App;
• use the App for any unlawful purpose or in violation of any applicable law;
• post or transmit content that is illegal, infringing, defamatory, obscene, sexually explicit, hateful, harassing, threatening, or that promotes self-harm, disordered eating, or violence;
• post content that you do not have the right to share, or that impersonates any person or entity;
• post medical claims, promote unapproved substances, or solicit or offer the sale of prescription or controlled substances;
• harvest or scrape data from the App, use automated means to access it, or resell access to it;
• upload malware or interfere with the App's security, integrity, or operation, or attempt to access another user's account or data;
• use the App or its outputs to train a machine-learning model, or to build a competing product.

We may investigate suspected violations and may remove content, restrict features, or suspend or terminate accounts that violate these rules, in our sole discretion and without liability to you.

5. User content and community features

5.1 Your content stays yours

You retain all ownership rights in the photos, posts, comments, messages, workout and meal data, and other material you submit to the App ("User Content"). We claim no ownership of it.

5.2 License you grant us

You grant us a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to host, store, cache, reproduce, adapt and modify (for technical purposes such as resizing, transcoding, and formatting), publish, publicly display, and distribute your User Content, solely for the purposes of operating, providing, securing, moderating, and improving the App and its community features, and of displaying your content to the audience you selected. This license is limited to those purposes — it does not permit us to sell your User Content or use it in advertising without your separate permission.

This license ends when you delete the User Content or your account, except that (a) copies retained in routine backups may persist for a limited period, (b) the license survives to the extent another user has already shared or reposted your content within the App, and (c) we may retain content where required for legal, safety, or fraud-prevention purposes.

5.3 Your representations

For each item of User Content you submit, you represent and warrant that you own it or have all rights necessary to grant the license above; that it does not infringe or violate any third party's intellectual property, privacy, publicity, or other rights; that any person depicted has consented; and that it complies with Section 4 and all applicable law.

5.4 No obligation to monitor

User Content is the sole responsibility of the person who submitted it. We do not endorse, verify, or adopt any User Content, and any opinions, advice, or information in it are those of the poster and not ours. We have no obligation to pre-screen or monitor User Content, but we reserve the right to review, refuse, remove, restrict, or disable access to any User Content at any time, for any reason or no reason, without notice and without liability. Our exercise or non-exercise of that right does not make us the publisher or speaker of any User Content.

5.5 Reporting, blocking, and enforcement

The App provides tools to report objectionable content and to block another user. We review reports of objectionable content and act on them, including by removing content and ejecting the users responsible. You may also report content or conduct to us at support@iramccune.com. We enforce these rules through content removal, feature restrictions, and account suspension or termination, and we maintain a policy of terminating repeat offenders.

5.6 Feedback

If you send us suggestions or feedback about the App, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use it for any purpose without obligation or compensation to you.

6. Copyright complaints (DMCA)

We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512.

6.1 Notice of alleged infringement

If you believe material in the App infringes your copyright, send a written notice to our Designated Agent (below) that includes all of the following:

• a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material claimed to be infringing and information reasonably sufficient to let us locate it (for example, the post URL or in-app identifier);
• your name, mailing address, telephone number, and email address;
• a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
• a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

6.2 Designated Agent

DMCA Designated Agent Ira McCune II LLC 8595 Pelham Rd, Suite 400 #869, Greenville, SC 29615, USA Email: support@iramccune.com (subject line: "DMCA Notice")

6.3 Counter-notice

If your content was removed and you believe the removal was a mistake or misidentification, you may send a counter-notice to the Designated Agent containing your signature, identification of the removed material and its former location, a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification, your name, address, and telephone number, and your consent to the jurisdiction of the federal district court for your address (or, if outside the United States, for the District of South Carolina), and that you will accept service of process from the person who filed the original notice.

6.4 Repeat infringers and misrepresentation

We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers. Under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that material is infringing, or was removed by mistake, may be liable for damages.

7. Coaches and third-party services

The App lets independent personal trainers and gyms ("Coaches") connect with clients and deliver programming, meal plans, and messages. We are not a party to the relationship between a Coach and a client. We do not employ Coaches, do not verify their credentials, licensing, insurance, or qualifications, and do not supervise, endorse, or guarantee the services, programming, or advice they provide. Coaches are solely responsible for their services, for their own compliance with applicable law (including any professional licensing and tax obligations), and for their handling of client information.

Any dispute between a Coach and a client is between those parties. If you are a Coach, you additionally agree to indemnify us as set out in Section 13 for claims arising from the services you provide.

The App also integrates optional third-party services (including Apple Health, Health Connect, Google Calendar, Microsoft Outlook Calendar, Instagram, and Facebook). Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them.

If you are a Coach and you connect an Instagram or Facebook account, you confirm that you own that account or are authorized to manage it, and that you will comply with Meta's applicable terms and policies when you use the App to read or send messages and comments. You are the controller of that correspondence: we process it on your behalf to provide the feature, as described in Section 2.13 of the Privacy Policy. You are responsible for what you send from the connected account, for handling the information of the people who contact you lawfully, and for responding to their requests about that information. You may disconnect the account at any time, and we may suspend the integration if required by Meta or if it is used in breach of Section 4.

8. Subscriptions, payments, renewal, and cancellation

Some features require a paid subscription or purchase. Before you are charged we will disclose the price, the billing frequency, the length of the term, and any introductory or trial pricing and what it converts to.

• Automatic renewal. Subscriptions renew automatically at the then-current price for the same term until cancelled. You authorize us or the applicable payment provider to charge your payment method on each renewal.
• Cancelling. You may cancel at any time. For purchases made through Apple, cancel in your Apple ID subscription settings; for Google Play, in your Play subscription settings. For subscriptions billed directly through Stripe, you may cancel in the App at Settings → Subscription, or by emailing support@iramccune.com, and we will process the cancellation promptly. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• Refunds. Except where required by law, payments are non-refundable and partial periods are not refunded. Purchases made through Apple or Google are subject to those providers' refund policies.
• Price changes. We will give you advance notice of any price increase, and it will apply only to renewals after the notice period. You may cancel before it takes effect.

Payments are processed by Apple, Google Play Billing, and/or Stripe and are subject to those providers' terms. Coaches who sell services through the App are solely responsible for the services they provide to their clients (Section 7).

9. Our intellectual property

The App, including its content, design, software, trademarks, and AI-generated outputs presented through it, is owned by Ira McCune II LLC or its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes (or, if you are a Coach, to deliver services to your own clients through the App). All rights not expressly granted are reserved.

10. Health, safety, and assumption of risk

FitnessOS provides general fitness and wellness information and AI-generated suggestions for informational purposes only. It is not a medical device and does not provide medical advice, diagnosis, or treatment. No content in the App — including AI coaching output, prescribed loads, progression recommendations, nutrition targets, supplement entries, or cycle-based guidance — is a substitute for the judgment of a qualified healthcare or fitness professional.

YOU REPRESENT THAT YOU ARE IN GOOD PHYSICAL HEALTH AND HAVE CONSULTED A PHYSICIAN BEFORE BEGINNING ANY EXERCISE, NUTRITION, FASTING, OR SUPPLEMENT PROGRAM SUGGESTED BY OR TRACKED IN THE APP. YOU UNDERSTAND THAT PHYSICAL EXERCISE — INCLUDING RESISTANCE TRAINING WITH LOADS THE APP MAY SUGGEST — INVOLVES INHERENT RISKS, INCLUDING THE RISK OF SERIOUS INJURY, DISABILITY, OR DEATH, AND YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING WHETHER ANY SUGGESTION IS APPROPRIATE AND SAFE FOR YOU, AND FOR STOPPING AND SEEKING MEDICAL ATTENTION IF YOU EXPERIENCE PAIN, DIZZINESS, OR DISCOMFORT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND WAIVE ANY CLAIM AGAINST US FOR PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE APP OR YOUR RELIANCE ON ITS CONTENT. Cycle-tracking features are for general wellness and training guidance only and must not be used for contraception, fertility planning, or diagnosing any condition. If you have a medical emergency, call your local emergency number.

11. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP AND ALL CONTENT AND SERVICES IN IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DATA WILL NOT BE LOST, OR THAT ANY AI-GENERATED OUTPUT, NUTRITION VALUE, FOOD OR EQUIPMENT IDENTIFICATION, HEALTH METRIC, OR RECOMMENDATION WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOU. AI SYSTEMS CAN PRODUCE INCORRECT OR MISLEADING OUTPUT; VERIFY ANYTHING YOU RELY ON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU; IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED, INCLUDING FOR FRAUD OR WILLFUL MISCONDUCT.

13. Indemnification

You agree to defend, indemnify, and hold harmless Ira McCune II LLC and its officers, members, employees, contractors, and agents from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your User Content; (b) your use or misuse of the App; (c) your violation of these Terms or of any applicable law; (d) your violation of any third party's rights, including intellectual property, privacy, or publicity rights; (e) any injury, illness, or damage claimed by you or by a third party arising from your exercise, nutrition, or supplement activity; and (f) if you are a Coach, the services, programming, advice, or client-data handling you provide through the App.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense. You will not settle any such matter in a way that imposes any obligation on us without our prior written consent.

14. Dispute resolution — binding arbitration and class action waiver

14.1 Informal resolution first

Before starting an arbitration, you agree to first send us a written Notice of Dispute to support@iramccune.com describing the nature of the claim and the relief you seek, and to give us 60 days to resolve it informally. We will do the same before bringing a claim against you. This step is a condition precedent to arbitration, and the applicable statute of limitations is tolled while it runs.

14.2 Agreement to arbitrate

If the dispute is not resolved informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the App — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after termination of these Terms — will be resolved by final and binding individual arbitration administered by National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures and, where applicable, its Supplemental Rules for Mass Arbitration Filings, each in effect at the time the arbitration is commenced. The NAM rules and filing instructions are available at namadr.com. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

The arbitrator has exclusive authority to resolve all disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court has exclusive authority to decide any dispute about the scope or enforceability of the Class Action Waiver in Section 14.4. The arbitrator may award any relief a court could award on an individual basis, and the arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

14.3 Procedure, location, and costs

The arbitration will be conducted by a single arbitrator. For claims of $25,000 or less, the arbitration will be conducted by documents only or by telephone or video conference unless the arbitrator determines a hearing is necessary. Any in-person hearing will be held in the county where you reside or at another mutually agreed location. We will pay the arbitration filing, administration, and arbitrator fees that exceed what you would have paid to file in court, except where the arbitrator determines your claim is frivolous. Each party otherwise bears its own attorneys' fees unless a statute or the arbitrator's award provides otherwise.

14.4 Class action waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims, may not preside over any form of class or representative proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE ALSO WAIVE THE RIGHT TO A TRIAL BY JURY.

14.5 Mass arbitration

If 25 or more similar demands for arbitration are filed against us by or with the assistance of the same law firm or coordinated group within a 90-day period, the demands will be administered under NAM's Supplemental Rules for Mass Arbitration Filings and resolved in staged batches of no more than 50 demands at a time, each batch before a single arbitrator, with a single set of filing fees per batch. The statute of limitations is tolled for demands awaiting their batch. This provision does not create a class or representative proceeding and is intended solely to make administration efficient and affordable for both sides.

14.6 Exceptions

Notwithstanding the above: (a) either party may bring an individual action in small claims court in a court of competent jurisdiction if the claim qualifies and remains in that court; (b) either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement or misappropriation of intellectual property or unauthorized access to the App; and (c) nothing here prevents you from reporting a concern to a government agency.

14.7 Your right to opt out — 30 days

You may opt out of this Section 14 (arbitration, class action waiver, and jury waiver) by sending written notice to support@iramccune.com with the subject line "Arbitration Opt-Out" within 30 days of the date you first accept these Terms. Your notice must include your name, the email address on your account, and a clear statement that you want to opt out of arbitration. Opting out will not affect any other part of these Terms and will not affect your use of the App in any way. If you opt out, Section 15 governs where disputes are heard. If you previously accepted an earlier version of these Terms containing an arbitration agreement, your prior opt-out (if any) remains effective.

14.8 Severability and survival

If any part of this Section 14 is found unenforceable, the remainder stays in effect — except that if the Class Action Waiver in Section 14.4 is found unenforceable as to a particular claim or request for relief, then the entire agreement to arbitrate in this Section 14 is null and void as to that claim or request for relief only, which will instead be brought in court under Section 15, and the remaining claims will still be arbitrated. Under no circumstance will class or representative arbitration be permitted. This Section 14 survives termination of these Terms and deletion of your account.

15. Governing law and venue

These Terms and any dispute arising out of them or the App are governed by the laws of the State of South Carolina, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 14. For any dispute not subject to arbitration (including where you have opted out under Section 14.7), you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Greenville County, South Carolina, and waive any objection to that venue as inconvenient. Nothing in this section deprives you of the protection of any mandatory consumer-protection law of the state where you reside.

16. Termination

We may suspend or terminate your access at any time if you violate these Terms, if we are required to by law, or if you engage in conduct that harms the App, us, or other users. You may stop using the App and delete your account at any time (Settings → Privacy & Security → Delete Data). On termination, your right to use the App ends immediately. Sections 5.2, 5.4, 6, 7, 9, and 11 through 18 survive termination.

17. Changes to these terms

We may update these Terms from time to time. We will post the updated version, revise the "Effective date" above, and — for material changes — ask you to accept the updated Terms in the App. Changes are not retroactive and do not apply to a dispute of which both parties had actual notice before the change. Your continued use after changes take effect constitutes acceptance.

18. General provisions

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the App and supersede any prior agreements or understandings.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the rest of these Terms remain in effect. (Section 14.8 governs Section 14.)
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign or transfer these Terms without our written consent. We may assign them, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.
• Force majeure. Neither party is liable for a failure or delay caused by events beyond its reasonable control.
• Electronic communications and notices. You consent to receive communications from us electronically, and you agree that electronic notices, agreements, and records satisfy any legal requirement that they be in writing. We may give notice by email to the address on your account or by posting in the App. Notices to us must be sent to support@iramccune.com.
• No third-party beneficiaries. Except as stated in Section 13, these Terms create no third-party beneficiary rights. Apple and Google are third-party beneficiaries of these Terms to the extent required by their platform agreements and may enforce them against you.
• Relationship. No agency, partnership, joint venture, or employment relationship is created by these Terms.

19. Contact

Ira McCune II LLC
Email: support@iramccune.com
Support form: fitnessosapp.com/support
8595 Pelham Rd, Suite 400 #869, Greenville, SC 29615, USA

© 2026 Ira McCune II LLC · 8595 Pelham Rd, Suite 400 #869, Greenville, SC 29615, USA · support@iramccune.com FitnessOS is a product of Ira McCune II LLC. Privacy Policy · Terms of Use