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, comments, reactions, profile information, or other materials you submit, upload, post, or transmit through the Services, whether to us or to other users.

You retain ownership of your User Content. By submitting User Content to the Services, you grant Mesos a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, modify (for technical reasons such as resizing, transcoding, or moderation), adapt, distribute, and display your User Content for the limited purposes of operating, providing, securing, and improving the Services, including delivering it to other users where you have made it visible to them and using it to train and improve our AI models and algorithms.

We will not sell your User Content, and we will not use it for advertising. The licence ends when your User Content or your account is deleted, except that: (a) we may continue to use aggregated, anonymised, or de-identified data derived from your User Content for any lawful purpose; (b) copies may persist in routine backups for up to 30 days before being overwritten; and (c) where you have shared User Content with other users, those users may retain copies they have already received.

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;
• Your User Content does not violate these Terms or our Community Guidelines.

You are solely responsible for the User Content you post. Mesos does not endorse, vet, or pre-screen User Content posted by users, and any opinions or claims expressed by users are theirs alone.

8.3 Removal

We may remove, restrict, or disable access to User Content at our discretion if we reasonably believe it violates these Terms, our Community Guidelines, or applicable law, or to comply with a legal obligation. See Section 17 for our content moderation, reporting, and appeals procedures.

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

10.1 General 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;
• Submit false, misleading, or fraudulent information;
• Circumvent, disable, or interfere with any security or access-control features of the Services;
• Evade enforcement actions, including by creating new accounts to bypass a suspension or ban;
• Use the AI features to generate content that is illegal, harmful, abusive, or that violates the rights of others.

10.2 Community Standards

Mesos includes social features that allow you to interact with other users. When you use any social feature — including profiles, shared workouts, comments, and reactions — you must follow our Community Guidelines, which are incorporated into these Terms by reference. In particular, and without limiting the Community Guidelines, you must not post or transmit content that:

• Is hateful, harassing, threatening, defamatory, or that targets people based on protected characteristics;
• Sexualises, exploits, or endangers minors in any way;
• Constitutes non-consensual intimate imagery, doxxes another person, or shares another person's private information without permission;
• Glorifies, incites, or facilitates violence, terrorism, self-harm, suicide, or eating disorders;
• Is illegal where you live, where you post from, or in the United Kingdom;
• Infringes copyright, trademark, or other intellectual-property or personality rights;
• Constitutes spam, scams, fraudulent endorsements, or deceptive coaching claims.

We reserve the right to investigate and take action against anyone who violates these provisions, including removing content, suspending or terminating access to the Services, and reporting to law-enforcement authorities. See Section 17 for moderation, notice-and-action, statements of reasons, and appeals.

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. The primary way to do this is the Delete Account button in the app, under Settings → Account. Tapping it permanently deletes your account and your associated data immediately, subject to the retention exceptions in Section 14.3. You may also email support@trainwithmesos.com from the address associated with your account to request deletion.

Termination does not entitle you to a refund of any subscription fees already paid. To stop future charges from a subscription bought through the App Store, you must also cancel the subscription in your Apple ID settings — deleting your Mesos account does not, on its own, cancel an Apple subscription.

14.2 By Us

We may suspend or terminate your account and access to the Services if we reasonably believe you have breached these Terms or our Community Guidelines, are engaged in fraudulent or illegal activity, or are creating a risk of legal liability for us or other users. We may also suspend or discontinue all or part of the Services for operational reasons. Where lawful and proportionate, we will give you advance notice; for severe violations (including those involving CSAM, terrorism, or credible threats of violence), we may act without prior notice and report to law enforcement.

You can appeal a suspension or termination as described in our Community Guidelines.

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 delete your account and the personal data associated with it in accordance with our Privacy Policy, with the exceptions that (i) anonymised or aggregated data may be retained, (ii) routine backups may retain copies for up to 30 days before being overwritten, (iii) records we are legally required to keep (including subscription, tax, and accounting records, which may be retained for up to 7 years under HMRC rules) will be retained for the legally required period, and (iv) comments, reactions, and other social interactions you produced and that other users have already received remain visible to those users; the underlying account is removed and your name is disassociated where reasonably possible.

Sections 5, 6, 8, 9, 11, 12, 13, 15, 16, 17, 18, and 19 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. Content Moderation & Reporting

17.1 Our Right to Moderate

We may remove, restrict, demote, or disable access to User Content, and we may restrict, suspend, or terminate accounts, where we reasonably believe doing so is necessary or appropriate to enforce these Terms or our Community Guidelines, to comply with applicable law (including the UK Online Safety Act 2023, Regulation (EU) 2022/2065 (the Digital Services Act), Regulation (EU) 2021/784 on terrorist content online, and the Australian Online Safety Act 2021), or to protect the safety and integrity of the Services.

17.2 Notice and Action

You can report content or accounts that you believe violate these Terms or the Community Guidelines using the in-app report flow, or by emailing support@trainwithmesos.com. We provide this notice-and-action mechanism to satisfy our obligations under Article 16 of the Digital Services Act and equivalent UK and Australian regimes.

Reports should identify the content or account being reported, describe the alleged violation, and (where you choose to provide it) include your contact details so we can follow up. Knowingly false reports may themselves result in action against your account.

17.3 Statement of Reasons

Where we restrict, demote, or remove your User Content, or restrict or terminate your account, on grounds covered by Article 17 of the Digital Services Act, we will, where required by law, give you a statement of the reasons for the decision and information about how to appeal it. We may withhold or delay the statement of reasons where doing so would conflict with a legal obligation, the prevention or detection of crime, or the safety of another person.

17.4 Appeals

You can appeal a moderation decision by emailing support@trainwithmesos.com from the email address associated with your account. We aim to review appeals within 14 days. This route is in addition to any rights you may have to use a certified out-of-court dispute settlement body under Article 21 of the Digital Services Act, or to seek redress before a competent court or regulator.

18. DMCA & Copyright Notices

Mesos respects intellectual-property rights. If you believe content on the Services infringes your copyright, you may submit a notice under the United States Digital Millennium Copyright Act (17 U.S.C. § 512). Equivalent procedures apply for notices under UK, EU, and other applicable copyright regimes.

18.1 Designated Agent

Notices and counter-notices should be sent to:

• Mesos Ltd — Designated Agent (DMCA)
• legal@trainwithmesos.com

18.2 Notice Requirements

A valid DMCA notice must include:

• An electronic or physical signature of the rights-holder or authorised agent;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the allegedly infringing material and information sufficient to locate it (e.g. a deep link or screenshot);
• Your contact information (address, telephone number, email);
• A statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on the rights-holder's behalf.

18.3 Counter-Notices

If your content was removed and you believe the removal was a mistake or misidentification, you may submit a counter-notice meeting the requirements of 17 U.S.C. § 512(g). We may, where lawful, restore the material if we do not receive notice of legal proceedings within the statutory timeframe.

18.4 Repeat Infringers

We will, in appropriate circumstances and at our discretion, terminate accounts of users who are repeat infringers of intellectual-property rights.

19. Statutory Rights & Local-Law Overrides

Nothing in these Terms is intended to override mandatory consumer-protection or other rights that you cannot waive under the law of your country of residence. Where any term of these Terms is unenforceable against you under such law, that term will apply only to the extent permitted, and the remainder of the Terms will continue in effect.

19.1 European Union — Digital Services Act

Mesos is established outside the European Union. Where the Digital Services Act (Regulation (EU) 2022/2065) applies to our Services, our designated point of contact for member-state authorities, the European Commission, and the European Board for Digital Services under Articles 11 and 12, and our point of contact for users under Article 12, is legal@trainwithmesos.com. Communications may be in English. Our notice-and-action, statement-of-reasons, complaint, and appeals mechanisms are described in Section 17 and our Community Guidelines.

19.2 United Kingdom — Online Safety Act

We acknowledge our duties under the UK Online Safety Act 2023 in relation to illegal content. You can report suspected illegal content using the in-app reporting flow or by emailing support@trainwithmesos.com. We do not knowingly permit users under 18 on the Services and will remove such accounts where identified. Mandatory consumer rights you have under the Consumer Rights Act 2015 remain unaffected by these Terms.

19.3 Australia — Online Safety Act

We acknowledge the Basic Online Safety Expectations made under section 45 of the Australian Online Safety Act 2021 and aim to comply with them where applicable. Australian users may complain to us using the channels in Section 17 and may also have rights to complain to the eSafety Commissioner. Nothing in these Terms limits any non-derogable rights you have under the Australian Consumer Law.

19.4 Canada — PIPEDA and Provincial Equivalents

Personal-information rights of Canadian users under the Personal Information Protection and Electronic Documents Act (PIPEDA) and equivalent provincial laws are described in our Privacy Policy.

19.5 United States — Section 230

With respect to User Content, Mesos is an interactive computer service for the purposes of 47 U.S.C. § 230 and is not the publisher or speaker of any User Content provided by other users. Nothing in these Terms is a waiver of the protections available under Section 230(c).

19.6 California — CCPA / CPRA and Other US States

Privacy rights of US-state residents (including California, Virginia, Colorado, Connecticut, Utah, Texas, Oregon, and Montana) are described in our Privacy Policy. The in-app Delete Account button is the primary way to exercise the right to delete your personal information.

20. Contact Us

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

• Mesos Ltd
• Company number: 16733044 (England & Wales)
• General support / Trust & Safety: support@trainwithmesos.com
• Legal, DMCA, and DSA point of contact: legal@trainwithmesos.com