These Terms of Use constitute the End User License Agreement (“EULA”) governing your use of Fytvio, an AI-powered consumer wellness and performance coaching application operated by ValueSpring LLC.
By creating an account, accessing, purchasing, or using the Service, you acknowledge that you have read and understood these Terms and agree to be bound by them and by our Privacy Policy and Consumer Health Data Privacy Policy.
If you do not agree, do not create an account, connect health data, purchase a subscription, or use the Service.
You may not use the Service if you are legally prohibited from doing so or do not have the legal capacity to enter into these Terms.
Fytvio is intended solely for individuals who are at least 18 years old.
By creating an account or using the Service, you represent and warrant that:
Users must confirm that they are at least 18 before account creation and before providing health-data collection or AI-sharing consent.
Fytvio is not directed to children or minors. If we reasonably determine that an account belongs to someone under 18, we may suspend or terminate the account and delete associated information after taking reasonable steps to verify the circumstances and satisfy applicable legal requirements.
Fytvio is a consumer fitness and wellness service. It is not a medical device, healthcare provider, diagnostic or treatment service, emergency service, or substitute for qualified professional advice.
Fytvio does not diagnose, treat, cure, mitigate, or prevent disease, injury, or other medical conditions. Readiness scores, recovery indicators, plans, nutrition estimates, notifications, AI responses, and other outputs are for fitness and wellness support and do not constitute medical advice or a representation that an activity is safe or appropriate for you.
Consult an appropriately qualified professional when you have a medical condition, injury, symptoms, pregnancy, medication concern, or other reason to question whether an activity or material change in exercise is appropriate for you.
Fytvio is not an emergency service and does not continuously monitor you or your health information. If you believe you may be experiencing a medical or mental-health emergency, contact the applicable emergency service in your location and do not wait for or rely on Fytvio.
Physical activity involves inherent risks. Pay attention to how you feel and stop or modify activity when appropriate. Seek qualified assistance for concerning symptoms or when you are uncertain whether an activity is suitable for you.
Fytvio outputs are not medical assessments or safety clearances. The Service cannot account for every factor that may affect whether an activity is appropriate for you.
You are not required to complete any task or plan and may modify, postpone, skip, or stop an activity at any time. Do not continue an activity solely because it appears in Fytvio, was suggested by AI, or is supported by a favorable readiness or device measurement.
Individual results vary. Fytvio does not guarantee achievement of a goal, improvement in health, fitness, sleep, recovery, strength, endurance, weight, performance, prevention of injury, or any other particular result.
Fytvio may process information you enter, authorize through supported integrations, generate through use of the Service, or choose to provide for fitness and wellness features. You represent that you have the right to provide this information.
Source data from devices, connected services, manual entries, and estimates may be inaccurate, delayed, incomplete, duplicated, or unavailable. Fytvio may apply validation, filtering, aggregation, or normalization, but does not independently verify every source record or detect every error.
Your use of third-party health and fitness services is also governed by their applicable terms and privacy practices.
Fytvio requests separate consent for health-data processing and for transmitting selected information to supported AI providers for AI-assisted features. You may consent to one without consenting to the other, although features that require unavailable data or consent may not function.
You may withdraw consent for future processing as described in the Privacy Policy and Consumer Health Data Privacy Policy. Those policies also explain applicable data categories, purposes, recipients, rights, retention, and deletion practices.
Fytvio uses artificial intelligence to generate or assist with coaching, summaries, readiness explanations, goals, plans, schedules, recommendations, and related content ("AI Output").
AI Output may be inaccurate, incomplete, outdated, inconsistent, or unsuitable for your circumstances. Unless expressly stated otherwise, it is generated automatically and is not reviewed by a licensed healthcare professional, certified coach, or ValueSpring employee before presentation.
You are responsible for reviewing AI Output and deciding whether and how to use it. Fytvio does not guarantee that AI will identify every relevant risk, limitation, conflict, or error.
Fytvio may generate or assist with plans using information available to the Service, and you may also create plans yourself or use prepared plans when offered. Where multiple plans are supported, the Service may let you keep one plan as Primary and others as Additional. Plans are planning aids and may contain unsuitable targets, progression, timing, volume, intensity, recovery, or other details.
Plan adjustments may change future tasks without changing completed history. A plan, adjustment, completion state, or goal result does not guarantee safety, suitability, or achievement of the underlying goal.
Fytvio may let you create recurring routines, time-since trackers, reminders and check-ins, and may let you create or edit user-built workout plans, prepared plans, and related training details.
Food, calorie, macronutrient, hydration, supplement, and similar information may come from user input, published sources, third parties, calculations, or AI-assisted estimates and may be incomplete or inaccurate. Review relevant labels and source information before relying on it.
Fytvio does not provide medical nutrition therapy, allergy management, supplement or medication-interaction advice, or individualized medical dietary treatment. Consult an appropriately qualified professional when those issues are relevant to you.
References to or availability of third-party products, services, foods, supplements, exercises, coaches, trainers, content, AI providers, or integrations do not constitute endorsement, recommendation, certification, or supervision by Fytvio unless expressly stated otherwise.
You are responsible for maintaining the confidentiality and security of your credentials, devices, and authentication methods and for activity occurring through your account.
You agree to:
We may require reauthentication or additional verification before processing sensitive requests, including account deletion, data export, security changes, or changes involving connected services.
We are not responsible for losses resulting from your failure to safeguard your account except to the extent responsibility cannot legally be excluded.
Where available, you may choose to grant a linked coach or another authorized person access to designated Fytvio information.
You are responsible for deciding whom to authorize and for understanding what information will become available to that person.
Unless otherwise disclosed in the Service, an authorized linked coach may view designated activity, readiness, trend, training, goal, and related wellness information that you choose to share.
Linked coaches are not authorized through that relationship to access your account credentials, billing information, private AI-provider keys, or Profile settings.
The specific information available to a linked coach will be shown to you when you create or manage the connection.
You should revoke access when it is no longer needed. Revocation prevents future authorized access but does not retrieve information that the recipient previously viewed, recorded, exported, or otherwise obtained outside Fytvio.
Certain paid plans may permit you to use your own supported third-party AI-provider API key ("BYOK").
BYOK requires:
Your API key is transmitted through Fytvio's server only as necessary to send the applicable request to the selected provider.
Fytvio does not store the key in its application database after the request is completed. Additional information about transient processing, logging controls, and security practices is provided in the Privacy Policy and Consumer Health Data Privacy Policy.
You are responsible for:
Fees charged by Anthropic, OpenAI, Google, or another supported AI provider are separate from Fytvio subscription fees and are your responsibility. Listing a provider does not mean ValueSpring endorses that provider beyond using or supporting the relevant integration.
We are not responsible for third-party API charges, suspensions, rate limits, model changes, provider outages, or a provider's independent use of information, except to the extent caused by our violation of applicable law or these Terms.
Because BYOK sends requests through your own API key, the requests made on your behalf — including Fytvio’s system instructions, coaching rules, and tool or function definitions (“Coach Architecture”) — may be visible to you through your own AI-provider account, dashboard, logs, or usage records. Coach Architecture is ValueSpring’s proprietary and confidential intellectual property, as described in the Fytvio Intellectual Property section.
By using BYOK, you agree not to:
This restriction is in addition to, and does not limit, the Acceptable Use and Fytvio Intellectual Property sections of these Terms. A violation of this section is a material breach of these Terms and may result in suspension or termination of your BYOK access or your Fytvio account.
Subject to these Terms and any applicable subscription requirements, ValueSpring grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use Fytvio for your own lawful, non-commercial fitness and wellness purposes.
This license does not transfer ownership of the Service or any ValueSpring intellectual property.
The license ends when your account is terminated, your access is suspended, or these Terms end.
You may not, and may not assist another person to:
We may investigate suspected misuse and may preserve or disclose relevant information when reasonably necessary to enforce these Terms, protect users, maintain security, or comply with law, subject to our Privacy Policy and Consumer Health Data Privacy Policy.
As between you and ValueSpring, you retain any ownership rights you have in content you lawfully submit to Fytvio.
You authorize ValueSpring and its contracted service providers to collect, host, store, reproduce, format, process, transmit, and display information you submit only as reasonably necessary to:
This authorization does not transfer ownership of your health data or personal information to ValueSpring.
The authorization ends when the applicable information is deleted from our systems, except for narrowly limited information lawfully retained as described in the Privacy Policy and Consumer Health Data Privacy Policy.
If you voluntarily provide suggestions, ideas, or general product feedback that does not contain personal, health, or confidential information, you grant ValueSpring permission to use that feedback without restriction or compensation.
This feedback permission does not grant us ownership of your health data, account content, or personal information.
Fytvio and its software, source and object code, interfaces, design, layout, branding, logos, documentation, algorithms, workflows, databases, and other content are owned by ValueSpring or its licensors and are protected by applicable intellectual-property laws.
Except for the limited license expressly granted in these Terms, no rights are granted to you by implication, estoppel, or otherwise.
Third-party names, services, trademarks, and content remain the property of their respective owners.
The Service may depend on third parties, including Apple, Google, Supabase, hosting providers, email providers, AI providers, app stores, operating systems, wearable-device platforms, payment systems, and internet-service providers.
Features may become unavailable, delayed, limited, or inaccurate because of:
Although we use measures intended to protect and maintain the Service, no system can be guaranteed to be completely secure, uninterrupted, or error-free.
We may add, modify, limit, suspend, or discontinue features when reasonably necessary for security, compliance, reliability, product improvement, third-party changes, or business reasons.
Where reasonably practicable, we will provide notice of a material discontinuation that significantly affects paid functionality.
Features identified as Preview, Beta, Experimental, Early Access, or similar are provided for evaluation.
They may:
You use experimental features at your own risk and should not rely on them for important or safety-sensitive activities.
Paid plans may provide additional coaching, goal planning, history, usage limits, supported integrations, BYOK access, or coach-related features.
Available plans, prices, billing periods, trial terms, taxes, and current features are presented in the applicable Apple App Store or Google Play purchase interface before purchase.
Unless otherwise stated in the applicable store interface:
You are responsible for cancelling through Apple or Google when you no longer want renewal.
Refund eligibility, billing disputes, cancellation deadlines, and payment processing are governed by the applicable app store and applicable law.
Except where required by law or applicable store policy, fees already charged are non-refundable.
We may change subscription prices or features prospectively, subject to app-store requirements and applicable law. Any required notice or consent will be provided through the applicable store or other reasonable means.
The Service may link to, integrate with, or depend on third-party products and services.
ValueSpring does not control and is not responsible for third-party services, their availability, accuracy, security, content, pricing, or privacy practices.
Your use of third-party services is governed by your agreement with those providers.
Nothing in these Terms limits any responsibility ValueSpring has for its own selection, configuration, or use of service providers under applicable privacy or consumer-protection law.
You may stop using Fytvio at any time.
You may delete your account using the available in-app process or the instructions at fytvio.com/delete-account.html.
Deleting the application from your device does not delete your Fytvio account or cancel an app-store subscription.
We may suspend, restrict, or terminate access when we reasonably believe that:
Where reasonable and lawful, we may provide notice and an opportunity to correct the issue.
Upon termination:
Sections that by their nature should survive termination — including intellectual property, disclaimers, limitations of liability, indemnification, governing law, and retained compliance obligations — will survive.
Where required by applicable law or made available through the Service, you may request access to or a copy of eligible information before deleting your account.
Once deletion has been completed, deleted information may no longer be available for export or recovery.
After a verified account-deletion request, Fytvio will delete or de-identify account information as described in the Privacy Policy and Consumer Health Data Privacy Policy.
Fytvio may retain narrowly limited pseudonymous records when reasonably necessary to:
Except where retention of particular information is required by applicable law, retained pseudonymous deletion and consent records will not contain your readable email address, health data, workouts, goals, coaching history, or profile content and will not be used to recreate your account.
Backup copies may remain for a limited period under documented backup-rotation practices and applicable law, as described in the Privacy Policy and Consumer Health Data Privacy Policy.
You consent to receive transactional and legally required communications electronically, including through email, in-app notices, push notifications, or website notices.
These communications may concern:
You may disable optional marketing communications, but you may still receive operational, security, billing, or legally required notices.
Push notifications may be visible on your device's lock screen or to other people who have access to your device.
You are responsible for configuring device-level notification previews and privacy settings. Where Fytvio provides an option to limit sensitive notification content, you should select the setting appropriate for your circumstances.
You are responsible for maintaining a current email address and appropriate device-notification settings.
To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available."
ValueSpring and its licensors disclaim all express, implied, and statutory warranties, including warranties of:
We do not warrant that:
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, these exclusions apply only to the fullest extent permitted by law and do not limit non-waivable rights.
To the maximum extent permitted by applicable law, ValueSpring and its officers, employees, contractors, affiliates, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages, or for loss of profits, revenue, opportunity, goodwill, use, or data, arising out of or relating to the Service, these Terms, AI Output, goal plans, connected health data, or your participation in any activity.
To the maximum extent permitted by applicable law, the aggregate liability of ValueSpring and the other protected parties for all claims arising out of or relating to the Service or these Terms will not exceed the greater of:
Amounts paid through the Apple App Store or Google Play for a Fytvio subscription will be considered amounts paid for Fytvio for purposes of this section, excluding taxes, separate third-party AI-provider charges, and amounts refunded to you.
The existence of more than one claim or incident will not increase this aggregate limit.
These exclusions and limitations apply:
Nothing in these Terms excludes or limits liability for:
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ValueSpring and its officers, employees, contractors, and agents from third-party claims, liabilities, damages, judgments, losses, and reasonable legal expenses arising from:
You are not required to indemnify a protected party to the extent a claim resulted from that party's negligence, willful misconduct, violation of law, or breach of these Terms.
ValueSpring will provide reasonable notice of an indemnified claim and may control its defense and settlement.
You may not settle a claim in a manner that admits wrongdoing by or imposes an obligation on ValueSpring without our written consent.
These Terms are governed by the laws of the State of Indiana, without regard to its conflict-of-law rules, except to the extent the laws of your jurisdiction provide rights that cannot lawfully be waived.
Before filing a legal action, you and ValueSpring agree to make a good-faith effort to resolve the dispute informally.
A party initiating a dispute should send written notice describing:
Notices to ValueSpring should be sent to info@valuespringllc.com with the subject line "Legal Dispute Notice."
The receiving party will have 30 days from receipt to attempt informal resolution.
This requirement does not prevent either party from:
If informal resolution is unsuccessful, either party may bring a claim in a court with lawful jurisdiction.
Nothing in this section deprives a consumer of mandatory protections or forums available under applicable law.
If you downloaded Fytvio through the Apple App Store or Google Play, your use is also subject to the applicable store's terms.
The app store is not responsible for providing maintenance or support for Fytvio except as required by applicable law or store terms.
To the extent these Terms conflict with mandatory app-store terms, the applicable mandatory store terms control.
For an application downloaded through Apple's App Store, Apple and its subsidiaries are intended third-party beneficiaries of these Terms solely to the extent required by Apple's applicable terms, and upon your acceptance Apple may enforce the relevant provisions against you.
ValueSpring, not Apple or Google, is responsible for addressing questions, support requests, and claims concerning Fytvio, subject to applicable law.
ValueSpring will not be responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, severe weather, war, terrorism, civil unrest, labor disputes, internet or utility failures, widespread cloud-service outages, government action, epidemics, platform restrictions, or failures of third-party infrastructure.
This section does not excuse obligations that cannot legally be excluded or delayed.
These Terms and the Privacy Policy and Consumer Health Data Privacy Policy constitute the entire agreement between you and ValueSpring concerning the Service, except for additional terms presented for a particular feature or promotion.
If any provision is found invalid or unenforceable, it will be enforced to the maximum permissible extent, and the remaining provisions will remain effective.
Our failure to enforce a provision is not a waiver.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or transfer of the Service, subject to applicable privacy and consumer-protection law.
Headings are for convenience only. Words such as "including" mean "including without limitation."
No agency, partnership, joint venture, employment, fiduciary, or franchise relationship is created by these Terms.
We may update these Terms to reflect changes in the Service, applicable law, security requirements, third-party services, or business practices.
The updated Terms will identify their effective date and version.
We will provide reasonable notice of material changes through email, an in-app message, a website notice, or another appropriate method.
Where applicable law requires affirmative consent, we will request it before the updated Terms apply.
Continued use after the effective date of an update constitutes acceptance only to the extent permitted by law.
Questions, notices, and support requests concerning these Terms may be sent to:
ValueSpring LLC, operating as Fytvio Indiana, United States Email: info@valuespringllc.com Website: fytvio.com