Terms of Service — Mola Fitness

Section 1

Overview

This website and application are operated by Mola Fitness. Throughout the site, the terms "we," "us," and "our" refer to Mola Fitness. Mola Fitness offers this Service, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By downloading and using the Mola Fitness mobile application, you engage in our "Service" and agree to be bound by these Terms of Service ("Terms"). These Terms apply to all users of the app, including free-tier users and Pro subscribers. Mola Fitness is a mobile application available exclusively on the Google Play Store and Apple App Store. The website at www.molafitness.com is a marketing and legal information site only — it does not provide access to the application.

Section 2

Online Platform Terms & Eligibility

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence (18 years of age or older).

You may not use our products or Service for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction. You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.

Section 3

Medical Disclaimer (Critical)

IMPORTANT: Mola Fitness is not a medical provider. The Service is intended solely as an aid to supplement your personal fitness journey.

No Medical Advice

The material provided — including AI-generated workout plans, nutrition protocols, rehabilitation flows, and mobility routines — is for general informational and educational purposes only and must not be relied upon as medical advice. Always consult a physician before beginning any exercise program.

Physical Representation

By using the Service, you represent that you are in good physical condition and have no known medical reason that would prevent you from safely engaging with fitness protocols. If you have or suspect a medical condition, consult a licensed healthcare professional before use.

Stop Use Warning

If you experience pain, dizziness, shortness of breath, chest tightness, or any unusual symptom during exercise, you must stop immediately and seek medical attention.

Assumption of Risk

Any reliance on the material or protocols provided by the Service is at your own risk. By using Mola Fitness, you expressly assume all risks associated with physical activity, including but not limited to musculoskeletal injury, cardiovascular events, and other physical harm up to and including death.

Section 4

Products & Print-on-Demand Services

Mola Fitness has a planned Print-on-Demand merchandise shop as part of the Service. Branded apparel and merchandise will be available exclusively through the in-app shop powered by a third-party Print-on-Demand fulfillment service.

Product Accuracy

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your device's display of any color will be accurate to the physical product.

Third-Party Fulfillment

You acknowledge that apparel, physical goods, and merchandise are fulfilled by third-party Print-on-Demand services. Mola Fitness is not liable for shipping delays, quality variations, or errors made by these third-party fulfillment providers.

Availability & Modifications

We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. Product descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

The Mola Fitness in-app merchandise shop is a planned feature currently in development. These Terms extend to and govern all such future offerings from the date they launch.

Section 5

Modifications to the Service & Prices

Prices for our Pro Membership and products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at our sole discretion.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 6

AI Personalization & Third-Party Tools

We provide you with access to third-party tools and AI services — including Google Gemini for plan generation and Google AdMob for advertising — over which we have limited control.

"As Is" Clause

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

AI Hallucinations & Inaccuracies

You acknowledge that AI-generated responses — including workout plans, meal plans, and exercise alternatives — may be inaccurate, incomplete, or biomechanically inappropriate (commonly referred to as "hallucinations"). Mola Fitness does not manually review every AI-generated workout or protocol. The final decision on the safety and appropriateness of any AI-generated exercise or diet recommendation remains solely with the user.

AI Data Transmission

When generating personalized plans, your profile and fitness history are securely transmitted to Google Gemini AI via Firebase Cloud Functions. No client-side API keys are exposed. Your data is not used to train AI models.

Section 7

User Comments, Feedback & Submissions

If, at our request or on your own initiative, you send creative ideas, suggestions, proposals, plans, or other materials — whether online, by email, by postal mail, or otherwise — you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to:

Maintain any submissions in confidence
Pay compensation for any submissions
Respond to any submissions

Section 8

Errors, Inaccuracies & Omissions

Occasionally there may be information in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, or availability. We reserve the right to correct any such errors and to change or update information at any time without prior notice.

Section 9

Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content:

For any unlawful purpose or to solicit others to perform unlawful acts
To violate any international, federal, provincial, or state regulations, rules, or laws
To infringe upon or violate our intellectual property rights or the intellectual property rights of others
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
To submit false or misleading information
To upload or transmit viruses, worms, or any code of a destructive nature
To attempt to gain unauthorized access to other users' accounts or data
To use automated tools, bots, or scripts to access or scrape the Service
To interfere with or circumvent the security features of the Service

Section 10

Disclaimer of Warranties & Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. You expressly agree that your use of, or inability to use, the service is at your sole risk.

The service and all products and services delivered to you through the service are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied.

In no case shall Mola Fitness, our directors, officers, employees, contractors, agents, suppliers, or affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind — including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages — whether based in contract, tort, strict liability, or otherwise.

Our total cumulative liability to you shall not exceed the amount paid by you (if any) in the 12 months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation may not apply to you.

Section 11

Class Action Waiver

YOU AGREE THAT ANY LEGAL PROCEEDINGS SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY.

To the full extent permitted by law:

No arbitration or legal proceeding shall be joined with any other proceeding
No dispute shall be arbitrated or resolved on a class-action basis or on behalf of any purported class
No legal proceeding shall be brought in a representative capacity on behalf of the general public or any other persons

Section 12

Indemnification

You agree to indemnify, defend, and hold harmless Mola Fitness and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand — including reasonable attorneys' fees — made by any third party due to or arising out of:

Your breach of these Terms of Service or the documents they incorporate by reference
Your violation of any law or the rights of a third party
Your use of the Service, including AI-generated content execution
Content you submit or transmit through the Service

Section 13

Severability & Termination

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms — such determination shall not affect the validity and enforceability of any remaining provisions.

These Terms are effective unless and until terminated by either party. You may terminate at any time by ceasing use of the Service. We reserve the right to terminate or suspend your access at any time for violation of these Terms, fraudulent activity, or as required by law.

Section 14

Subscriptions & Billing

Free Tier

Core features of Mola Fitness are available at no charge. The free tier is ad-supported through Google AdMob.

Mola Pro

Mola Pro is a premium subscription at $9.99/month (pricing subject to change with 30 days' advance notice). Pro removes advertisements and unlocks additional AI features.

Billing, Renewal & Cancellation

All Pro subscriptions are billed through the Google Play Store or Apple App Store. We do not collect or store your payment card information. Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date. To cancel, manage your subscription through your app store account settings. Refunds are governed by your respective app store's refund policy, not by Mola Fitness.

Section 15

Advertising

The free tier of Mola Fitness is supported by advertisements served through Google AdMob. By using the free tier, you consent to the display of ads and the collection of advertising-related data by Google as described in our Privacy Policy.

Pro subscribers are not shown advertisements.

Section 16

Camera & Location Permissions

Camera

Nutrition Label Scanning and Form Analysis (Pro) require camera access. Images are processed via secure AI pipelines for immediate feedback only and are not permanently stored on our servers.

Location (GPS)

GPS-based cardio tracking requires location access. Location data is used solely for calculating distance and pace during your recorded sessions. It is not shared with third parties for advertising purposes. You may revoke permissions at any time in your device settings.

Section 17

Intellectual Property

All software, design, branding, and content within the App (excluding user-generated data) is the intellectual property of Mola Fitness. You may not reproduce, distribute, or modify any portion of the App without express written permission.

Mola Fitness is an independent platform. We are not affiliated with, licensed by, or endorsed by any specific fitness brand, gym chain, box organization, CrossFit®, or any trademarked training methodology referenced within the Service.

Section 18

Privacy

Your use of Mola Fitness is also governed by our Privacy Policy, which explains what data we collect, how we use it, and how we protect it. By accepting these Terms, you also accept our Privacy Policy.

Section 19

International Users

Mola Fitness is operated from the United States. If you access the Service from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.

EU/GDPR Users: You have rights to access, correct, delete, and port your data. Contact: molafitness.dev@gmail.com

California/CCPA Users: We do not sell personal information as defined under CCPA.

Section 20

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Harris County, Texas.

Any disputes arising from these Terms shall be subject to binding arbitration administered by the American Arbitration Association (AAA), subject to the Class Action Waiver in Section 11, except where prohibited by law or for matters involving intellectual property or data privacy violations.

Section 21

Contact Information

Questions about the Terms of Service should be sent to us at:

Mola Fitness
Email: molafitness.dev@gmail.com

These Terms apply to the Mola Fitness mobile application on the Google Play Store and Apple App Store, and the Mola Fitness website.