Terms of Service

These Terms of Service ("Terms") govern your use of the Via Fortis application ("the App"), which is offered by Via Fortis Training ("we," "us," or "our"), based in Washington, DC, United States.

By creating an account or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. The Service

Via Fortis is a fitness tracking application that allows you to log workouts, track progress, monitor training balance, and analyze your strength and consistency over time. The App is provided as a web application and may be made available through mobile app stores in the future.

2. Eligibility

You must be at least 16 years old to use the App. By using the App, you represent that you meet this age requirement.

3. Your Account

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You agree to provide accurate information when creating your account.
• You may delete your account at any time through the App's menu. Account deletion permanently removes all your data and cannot be undone.

4. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose.
• Attempt to gain unauthorized access to the App's systems or other users' data.
• Interfere with or disrupt the App's infrastructure.
• Use automated tools (bots, scrapers) to access the App.
• Reverse engineer, decompile, or disassemble the App.
• Impersonate another person or entity.

5. Termination and Suspension

• You may stop using the App and delete your account at any time through the App's menu.
• We may suspend or terminate your access to the App if we reasonably believe you have violated these Terms or are using the App in a way that could harm other users or our systems.
• Where practicable, we will provide notice before suspension or termination, except in cases of serious or urgent violations.
• Upon termination, your right to use the App ceases immediately. Data deletion follows the timelines described in our Privacy Policy.

6. Your Data

• You retain ownership of the fitness data you enter into the App.
• By using the App, you grant us a limited license to store, process, and display your data solely to provide the service to you.
• We do not claim ownership of your workout data, body metrics, or any other content you create.
• Our handling of your data is described in our Privacy Policy, which forms part of these Terms.

7. Subscriptions and Payments

Via Fortis offers optional paid subscription features through Via Fortis Pro. Core workout logging remains available without a subscription, while certain premium features may require an active subscription.

• Available subscription plans, prices, trial eligibility, and billing periods are shown before purchase.
• Payments for iOS subscriptions are processed through Apple. Via Fortis does not receive or store your payment card information.
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period.
• You can manage or cancel your subscription in your Apple ID account settings.
• Refunds and billing disputes are handled according to Apple's App Store policies.

8. Health and Fitness Disclaimer

The App is a fitness tracking tool, not a medical device or health care provider.

• The App does not provide medical advice, diagnosis, or treatment.
• Estimated one rep max (e1RM), training balance scores, trend analysis, and other calculated metrics are approximations for informational purposes only.
• We do not guarantee any specific fitness results from using the App.
• You should consult a qualified healthcare professional before starting or modifying any exercise program.
• You assume full responsibility for your physical activity and any injury that may result from exercise performed with reference to the App.
• We are not liable for any injury, health issue, or adverse outcome related to your use of the App or the exercise decisions you make.

9. Intellectual Property

• The App, including its design, code, graphics, icons, and branding, is the property of Via Fortis Training and is protected by applicable intellectual property laws.
• You may not copy, modify, distribute, or create derivative works based on the App without our written permission.
• The name "Via Fortis" and the Via Fortis logo are trademarks of Via Fortis Training.

10. Availability and Changes

• The App is under active development. We strive to keep the App available, but we do not guarantee uninterrupted access. The App may be temporarily unavailable for maintenance, updates, or reasons beyond our control.
• We may modify, update, or discontinue features of the App at any time. New features may be added and existing features may change as the App evolves.
• We may update these Terms from time to time. If we make material changes, we will notify you through the App or by email. Continued use of the App after changes constitutes acceptance of the updated Terms.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• The App is provided "as is" and "as available" without warranties of any kind, whether express or implied.
• We do not warrant that the App will be error-free, secure, or available at all times.
• In no event shall Via Fortis Training be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App.
• Our total liability for any claim related to the App shall not exceed the amount you have paid us in the 12 months preceding the claim, or $50 USD, whichever is greater.

12. Indemnification

You agree to indemnify and hold harmless Via Fortis Training from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the App or your violation of these Terms.

13. Governing Law and Disputes

• These Terms are governed by the laws of the District of Columbia, United States, without regard to conflict of law principles.
• Any disputes arising from these Terms or your use of the App shall be resolved in the courts located in Washington, DC, and you consent to the personal jurisdiction of such courts.
• If you are located in the European Economic Area, UK, or Switzerland, nothing in these Terms affects your rights under mandatory consumer protection laws in your jurisdiction.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Via Fortis Training regarding your use of the App.

16. Contact Us

If you have questions about these Terms, contact us at:

Via Fortis Training
Email: [email protected]
Washington, DC, United States