Terms of Use

1. Eligibility

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into these Terms, and are not prohibited from using the Services under any applicable law.

2. Account Registration

To access certain features, you must create an account. You may register using your email address and password, a one-time email code, Sign in with Apple, or Sign in with Google.

You agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your account information;
• Keep your login credentials confidential and not share them with any third party;
• Accept responsibility for all activity that occurs under your account;
• Notify us immediately of any unauthorised access to or use of your account.

We reserve the right to suspend or terminate your account at any time, for any reason, with or without notice, including if we reasonably believe you have violated these Terms.

3. The Services

Mesos is an AI-powered personal training application that provides workout tracking, training plan generation, AI coaching, progress analytics, HealthKit integration, and related fitness tools. The specific features available to you may depend on your subscription tier, device, operating system, and region.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4. Subscriptions & Payments

4.1 Subscription Plans

Certain features of the Services require a paid subscription. Subscription plans, pricing, and features are described within the application and may change from time to time.

4.2 Billing

Subscriptions are billed through Apple's App Store via your Apple ID account. By subscribing, you agree to Apple's terms of service and payment processing. All billing enquiries related to charges should be directed to Apple.

4.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period. You can manage and cancel your subscription through your Apple ID account settings.

4.4 Refunds

Refunds are handled by Apple in accordance with their refund policies. We do not process refunds directly. To the maximum extent permitted by applicable law, all subscription fees are non-refundable.

4.5 Free Trials & Promotions

We may offer free trials or promotional pricing from time to time. At the end of any free trial, your subscription will automatically convert to a paid subscription unless cancelled before the trial ends. We reserve the right to modify or withdraw promotional offers at any time.

5. AI Features & Disclaimer

The Services include AI-powered features that generate workout plans, training advice, post-workout analysis, and conversational coaching responses using large language models.

You acknowledge and agree that:

• AI-generated content is produced by automated systems and may contain errors, inaccuracies, or inappropriate suggestions;
• AI outputs are provided for informational and educational purposes only and do not constitute professional advice of any kind, including medical, physiotherapy, nutritional, or sports science advice;
• You are solely responsible for evaluating and acting upon any AI-generated content;
• We do not guarantee the accuracy, completeness, reliability, or suitability of any AI-generated content;
• AI models and their outputs may change without notice as we update and improve the Services;
• Your inputs to the AI (including chat messages and profile data) may be processed by third-party AI providers as described in our Privacy Policy.

To the maximum extent permitted by law, Mesos disclaims all liability for any loss, injury, or damage arising from your reliance on AI-generated content.

6. Health & Fitness Disclaimer

The Services are not a medical device and are not intended to diagnose, treat, cure, or prevent any disease or health condition. The workout plans, training suggestions, and fitness information provided through the Services (whether AI-generated or otherwise) are for general informational purposes only.

You acknowledge and agree that:

• You should consult a qualified physician or healthcare professional before beginning any exercise programme, particularly if you have any pre-existing medical conditions, injuries, or health concerns;
• You participate in any exercise or training programme entirely at your own risk;
• Mesos is not responsible for any injury, illness, death, or damage to property resulting from your use of the Services or reliance on any content provided through the Services;
• You are solely responsible for determining whether any exercise, workout, or training plan is appropriate for your fitness level and health status;
• You should stop exercising immediately and seek medical attention if you experience pain, dizziness, shortness of breath, or any other concerning symptoms.

To the maximum extent permitted by law, you assume all risk associated with your use of the Services for fitness and training purposes, and Mesos shall have no liability whatsoever for any personal injury or health consequence arising from such use.

7. HealthKit Integration

The Services may integrate with Apple HealthKit to read and write health and fitness data. This integration is optional and requires your explicit permission.

• HealthKit data is used solely to provide and improve the Services.
• We will not use HealthKit data for advertising or marketing purposes, or sell it to third parties or data brokers.
• You can revoke HealthKit access at any time through your device's Health app settings.

8. User Content

8.1 Your Content

"User Content" means any data, text, images, videos, audio, workout data, notes, feedback, or other materials you submit, upload, or transmit through the Services.

You retain ownership of your User Content. However, by submitting User Content to the Services, you grant Mesos a worldwide, non-exclusive, royalty-free, sublicensable, transferable, perpetual, and irrevocable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit your User Content in connection with operating, providing, improving, and promoting the Services, including for the purpose of training and improving our AI models and algorithms.

This licence survives termination of your account. For the avoidance of doubt, this licence allows us to use aggregated, anonymised, or de-identified data derived from your User Content for any lawful purpose, including research, analytics, and product development, without restriction.

8.2 Representations

You represent and warrant that:

• You own or have the necessary rights to submit your User Content;
• Your User Content does not infringe the intellectual property or other rights of any third party;
• Your User Content does not violate any applicable law or regulation.

8.3 Removal

We reserve the right to remove or disable access to any User Content at our sole discretion, without prior notice, for any reason or no reason.

9. Intellectual Property

The Services, including all software, designs, text, graphics, logos, icons, images, audio, video, data compilations, AI models, algorithms, and all other content and materials (excluding User Content), are the exclusive property of Mesos or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services for your personal, non-commercial purposes, subject to these Terms. All rights not expressly granted are reserved.

You may not:

• Copy, modify, distribute, sell, lease, or create derivative works of the Services or any part thereof;
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Services;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices;
• Use the Services to develop a competing product or service.

10. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Interfere with or disrupt the Services, servers, or networks connected to the Services;
• Attempt to gain unauthorised access to any part of the Services, other accounts, or computer systems;
• Use automated means (bots, scrapers, crawlers) to access or collect data from the Services without our prior written consent;
• Transmit any malware, viruses, or other harmful code;
• Use the Services to harass, abuse, threaten, or harm any person;
• Submit false, misleading, or fraudulent information;
• Circumvent, disable, or interfere with any security or access-control features of the Services;
• Use the AI features to generate content that is illegal, harmful, abusive, or that violates the rights of others.

We reserve the right to investigate and take appropriate action against anyone who violates these provisions, including suspending or terminating access to the Services and reporting to law enforcement authorities.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

We expressly disclaim all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free;
• The results obtained from the Services (including AI-generated content) will be accurate, reliable, or complete;
• The Services will meet your requirements or expectations;
• Any errors in the Services will be corrected;
• The Services will be compatible with any particular hardware or software.

Nothing in these Terms excludes or limits any warranty that cannot be excluded or limited under applicable law (including consumer protection laws of the United Kingdom).

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL MESOS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Services, regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.
• OUR TOTAL AGGREGATE LIABILITY to you for all claims arising out of or relating to these Terms or the Services shall not exceed the greater of: (a) the total amount you have paid to us in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) fifty pounds sterling (£50).
• WE SHALL HAVE NO LIABILITY WHATSOEVER for any injury, illness, death, or physical harm arising from exercise, training, or physical activity undertaken in connection with the Services, including any AI-generated workout plans or training suggestions.

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law, including the Consumer Rights Act 2015 (where applicable).

13. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Mesos and its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Services;
• Your breach of these Terms;
• Your violation of any applicable law or regulation;
• Your User Content;
• Any injury or harm resulting from exercise or physical activity you undertake in connection with the Services;
• Any dispute between you and a third party arising from your use of the Services.

14. Termination

14.1 By You

You may terminate your account at any time by contacting us at support@trainwithmesos.com or using the account deletion feature within the application. Termination does not entitle you to a refund of any subscription fees already paid.

14.2 By Us

We may suspend or terminate your account and access to the Services at any time, for any reason or no reason, with or without notice. Reasons for termination may include, but are not limited to, breach of these Terms, fraudulent or illegal activity, extended inactivity, or discontinuation of the Services.

14.3 Effect of Termination

Upon termination: (a) your licence to use the Services immediately ceases; (b) you must cease all use of the Services; (c) we may delete your account data in accordance with our Privacy Policy. Sections 5, 6, 8, 9, 11, 12, 13, 15, and 16 shall survive termination.

15. Governing Law & Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. Nothing in these Terms affects your rights as a consumer under mandatory consumer protection laws of your country of residence.

15.2 Jurisdiction

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where mandatory consumer protection laws grant you the right to bring proceedings in your country of residence.

15.3 Informal Resolution

Before initiating any formal proceedings, you agree to first contact us at support@trainwithmesos.com and attempt to resolve the dispute informally for at least 30 days.

15.4 Class Action Waiver

To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this waiver is found to be unenforceable in your jurisdiction, it shall not apply to you.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mesos regarding the Services and supersede all prior agreements, understandings, and communications.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of Mesos.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets, without restriction or notice to you.

16.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet or telecommunications failures, or third-party service outages.

16.6 No Third-Party Beneficiaries

These Terms do not confer any rights on any third party. Nothing in these Terms is intended to or shall create any rights enforceable by any person who is not a party to these Terms (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).

16.7 Notices

We may provide notices to you by email to the address associated with your account, by posting within the Services, or by any other reasonable means. You agree that electronic notices satisfy any legal requirement that notices be in writing. Notices to us must be sent to support@trainwithmesos.com.

16.8 Changes to These Terms

We reserve the right to modify these Terms at any time. The updated version will be indicated by the "Last updated" date at the top of this page. Material changes will be notified via email or a prominent notice within the Services. Your continued use of the Services after any modification constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services.

17. Contact Us

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

• Mesos Ltd
• Company number: 16733044 (England & Wales)
• Email: support@trainwithmesos.com