Terms of Service

Last Updated: February 11, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. YOUR USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS.

YOUR AGREEMENT TO THESE TERMS INCLUDES AN AGREEMENT TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION AND A CLASS ACTION WAIVER, A LIMITATION OF LIABILITY, AND INDEMNIFICATION OBLIGATIONS, AS DESCRIBED FURTHER BELOW. PLEASE REVIEW THESE PROVISIONS CAREFULLY.

THE SERVICES DO NOT PROVIDE MEDICAL ADVICE. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING EXERCISE INSTRUCTIONS, WORKOUT PROGRAMS, AND NUTRITION INFORMATION, IS FOR GENERAL INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS CONSULT YOUR PHYSICIAN BEFORE STARTING ANY EXERCISE OR NUTRITION PROGRAM.

1. Definitions

In these Terms of Service (“Terms”), the following definitions apply:

“Company,” “we,” “us,” or “our” refers to Bio Fit Health & Wellness LLC, doing business as Exercise Guide (d/b/a Exercise Guide), the owner and operator of the Services.

“Services” refers to the online fitness and wellness platform located at exerciseguide.com and all related domains, subdomains, the ExerciseGuide mobile application available on iOS (Apple App Store) and Android (Google Play Store), and any other applications, features, content, or functionality provided by the Company.

“Content” refers to all exercise instructions, workout programs, nutrition information, written materials, videos, audio, images, graphics, downloadable materials, user interfaces, community features, and software associated with the Services.

“User,” “you,” or “your” refers to any individual who accesses or uses the Services, whether as a registered member, paid subscriber, or non-registered visitor.

“User Generated Content” refers to any content submitted by users, including comments, reviews, forum posts, photos, and other materials.

2. Description of Service

The Services provide exercise guides, workout programs, nutrition information, fitness-related content, and community features available through the ExerciseGuide website (exerciseguide.com) and the ExerciseGuide mobile application for iOS and Android devices (the “App”). The Services offer both free and paid membership tiers, with varying levels of access to Content as determined by the Company.

The Services are intended for educational and entertainment purposes only. The Company does not provide medical advice, diagnosis, or treatment. All Content is provided for general informational purposes and should not be relied upon as a substitute for consultation with qualified healthcare professionals.

3. Acceptance and Changes to Terms

By accessing or using the Services—whether through the website, the App, or any other means—you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.

The Company reserves the right to modify these Terms at any time. Changes are effective immediately upon posting. We will make reasonable efforts to notify registered users of material changes via email or through a notice on the Services. Your continued use of the Services following the posting of changes constitutes your acceptance of the revised Terms.

4. Not Medical Advice; Health and Fitness Disclaimer

The information provided through the Services, including all exercise instructions, workout programs, nutrition information, and fitness-related content, is for general informational and entertainment purposes only and may not be appropriate or applicable for your individual circumstances.

THE SERVICES DO NOT PROVIDE MEDICAL, PROFESSIONAL, OR LICENSED ADVICE AND ARE NOT A SUBSTITUTE FOR CONSULTATION WITH A QUALIFIED HEALTHCARE PROFESSIONAL. YOU SHOULD SEEK MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BEFORE STARTING ANY EXERCISE PROGRAM, NUTRITION PLAN, OR FITNESS REGIMEN, AND FOR ANY QUESTIONS REGARDING A MEDICAL CONDITION.

To the extent that the Company provides any explicit or implied recommendation of any particular exercise, program, or nutritional approach, such recommendation is general in nature and not specific to any particular individual, medical condition, or fitness level.

You acknowledge and agree that you participate in any exercises, programs, or activities described on the Services entirely at your own risk. The Company is not responsible for any injuries, health complications, or other harm that may result from your use of or reliance on any Content provided through the Services.

If you experience any pain, dizziness, shortness of breath, or other concerning symptoms during exercise, stop immediately and seek medical attention.

THE COMPANY DOES NOT WARRANT THAT ANY EXERCISE, WORKOUT PROGRAM, OR NUTRITION PLAN AVAILABLE THROUGH THE SERVICES WILL PRODUCE ANY PARTICULAR RESULTS. INDIVIDUAL RESULTS WILL VARY. THE COMPANY MAKES NO GUARANTEES REGARDING WEIGHT LOSS, MUSCLE GAIN, FITNESS IMPROVEMENTS, OR ANY OTHER HEALTH OR FITNESS OUTCOMES.

5. Access and Use of Service

Users accessing the Services must be at least thirteen (13) years of age. Users registering for memberships, purchasing paid content, posting User Generated Content, or participating in community features must be at least eighteen (18) years of age. If you are between the ages of 13 and 18, you may only use the Services with the consent and supervision of a parent or legal guardian. The Services are not designed for use by children under the age of 13.

The Services are primarily designed for users located in the United States. The Company makes no claims that the Services may be lawfully accessed outside the United States. If you access the Services from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws and regulations of your jurisdiction.

6. Membership and Account Registration

6.1 Free and Paid Memberships

The Services offer both free and paid membership tiers. Free members and non-registered visitors have access to a limited selection of Content as determined by the Company. Paid members receive access to additional Content, features, and benefits as described on the membership signup page and as may be modified from time to time at the Company’s discretion.

The Company reserves the right to change the Content, features, and benefits available under any membership tier at any time without prior notice.

6.2 Account Registration

To access certain features of the Services, you will be required to register for an account by providing certain information, including a valid email address. You warrant and represent that all information provided during registration is current and accurate and will be kept up-to-date.

You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and are responsible for all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use of your account. Accounts are for individual use only. You may not share your login credentials or allow multiple individuals to access the Services through a single account.

6.3 Account Suspension and Termination

The Company reserves the right, at its sole discretion, to suspend or terminate your account at any time and without notice if it deems your account inappropriate, offensive, or in violation of these Terms. The suspension or deletion of accounts shall not entitle you to any claims for compensation, damages, or reimbursement.

7. Payments, Billing, and Subscriptions

If you elect to purchase a paid membership or any other paid content or service, you agree to pay all applicable fees and charges associated with your account on a timely basis. All fees and charges (including any applicable taxes) will be charged to your designated payment method.

By purchasing a membership or other paid service, you expressly authorize the Company to charge your selected payment method on a recurring basis according to the terms of your selected plan. You may update your payment information at any time through your account settings.

Your paid membership will continue in effect unless and until you cancel your membership or the Company terminates it. You must cancel your membership prior to your next billing date to avoid being charged for the next billing period.

The Company reserves the right to change pricing for memberships and other paid content at any time. Price changes will apply to billing periods beginning after the effective date of the change, and the Company will make reasonable efforts to notify you of material price changes in advance.

7.1 App Store Purchases

If you purchase a membership or subscription through the Apple App Store or Google Play Store (collectively, “App Store”), the purchase is subject to the terms and conditions of the applicable App Store, including its payment and refund policies. In the event of any conflict between these Terms and the App Store terms regarding payment processing, the App Store terms shall govern. For refunds on App Store purchases, you must contact the applicable App Store directly, as the Company does not have the ability to process refunds for purchases made through third-party platforms.

8. Your Conduct

The Services may be used only for lawful purposes consistent with the intended use of the platform. You specifically agree not to:

(a) Access data not intended for you or log into any server or account you are not authorized to access; (b) Attempt to probe, scan, or test the vulnerability of a system or network or breach security or authentication measures; (c) Interfere with the Services or any user’s use thereof, including by submitting viruses, overloading, flooding, spamming, or crashing; (d) Scrape, harvest, or collect data from the Services without authorization; (e) Use automated tools, bots, or robots to access or interact with the Services; (f) Reproduce, redistribute, or republish any Content without the Company’s prior written consent; (g) Use the Services to promote or sell competing products or services; or (h) Use the Services for any purpose other than those designated by the Company.

Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may cooperate with law enforcement authorities in prosecuting users involved in such violations.

9. User Generated Content

The Services may allow users to post comments, reviews, questions, and other User Generated Content. You are solely responsible for any User Generated Content you submit and warrant that you have the right and authorization to post such content.

By submitting User Generated Content, you grant the Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the Services.

The Company reserves the right, in its sole discretion, to review, edit, or remove any User Generated Content that violates these Terms or is otherwise objectionable. The Company does not endorse any User Generated Content and assumes no liability for any content posted by users.

10. Affiliate Links and Third-Party Products

The Services may contain affiliate links to third-party products and services. When you click on an affiliate link and make a purchase, the Company may receive a commission or other compensation from the third-party seller. Not all links on the Services are affiliate links. Where required, affiliate relationships will be disclosed on the Services in compliance with applicable Federal Trade Commission (FTC) guidelines.

The inclusion of any affiliate link or product recommendation does not imply endorsement, sponsorship, or guarantee by the Company. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked website, and the Company shall not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Any transactions you enter into with third-party sellers through affiliate links are solely between you and the third-party seller. The Company is not responsible for the quality, safety, accuracy, or legality of any third-party products or services.

11. Third-Party Links and External Resources

Through the Services, you may have access to external resources, websites, and services provided by third parties. The Company has no control over such resources and is not responsible for their content, availability, accuracy, or any products or services available through them. Links to third-party sites are provided solely as a convenience and should not be construed as an endorsement by the Company.

Your interaction with any third-party website or service, including those linked from the Services, is governed by that third party’s own terms and policies. The Company shall have no liability to you for any loss or damage suffered as a result of linking to any third-party site from the Services.

12. Intellectual Property

Bio Fit Health & Wellness, LLC (d/b/a Exercise Guide), ExerciseGuide, and any other Company trademarks, trade names, logos, and service marks are the exclusive property of the Company. Any unauthorized use of such marks is prohibited.

The Services, including without limitation all exercise content, workout programs, nutrition guides, written materials, images, videos, graphics, software, interface layout, and documentation, are the sole and exclusive property of the Company or its content licensors and are protected by copyright, trademark, and other intellectual property laws of the United States and other countries.

The Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and its Content for your own personal, non-commercial purposes in accordance with your membership tier. You may not copy, download (except as expressly permitted), share, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, or create derivative works from the Content, nor allow any third party to do so through you or your device.

13. Use of Software and Mobile Application

The Company grants you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the App on a device that you own or control, solely for the purpose of accessing the Services in accordance with these Terms.

You shall not modify, alter, create derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the App or any related software. You shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute, or otherwise transfer the App or this license.

This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.

Use of the App is also subject to the terms and conditions of the applicable App Store (Apple App Store or Google Play Store). In the event of any conflict between these Terms and the App Store terms, the App Store terms shall govern solely with respect to your use of the App to the extent required by the App Store provider.

The Company may collect and use technical data and related information gathered periodically to facilitate the provision of updates, product support, and other services. The Company may use this information in a form that does not personally identify you. The Company reserves the right to revise, update, or otherwise modify the App at any time with reasonable notice. Your continued use of the App constitutes acceptance of such changes.

14. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy at exerciseguide.com/privacy-policy to understand our practices regarding the collection, use, and disclosure of your personal information.

15. Communications

By registering for an account or using the Services, you consent to receive electronic communications from the Company, including emails about your account, membership status, new content, promotional offers, and other information related to the Services. You may opt out of promotional communications at any time by following the unsubscribe instructions in the email or by adjusting your account settings. Opting out of promotional communications will not affect transactional or account-related communications.

16. Social Networking

The Services may offer the ability to share content to third-party social networking platforms such as Facebook, Instagram, X (formerly Twitter), YouTube, TikTok, or other services. You undertake this sharing at your sole responsibility, including compliance with the terms and conditions of the applicable social networking platform.

17. Warranty Disclaimers

THE SERVICES ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES — WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE — INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

WITHOUT LIMITING THE FOREGOING, THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, AGENTS, PARTNERS, AND EMPLOYEES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY EXERCISE INSTRUCTION, WORKOUT PROGRAMS, NUTRITION INFORMATION, OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES.

THE SERVICES MAY BECOME INACCESSIBLE OR MAY NOT FUNCTION PROPERLY WITH YOUR WEB BROWSER, MOBILE DEVICE, AND/OR OPERATING SYSTEM. THE COMPANY CANNOT BE HELD LIABLE FOR ANY PERCEIVED OR ACTUAL DAMAGES ARISING FROM SERVICE CONTENT, OPERATION, OR USE OF THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

18. Limitation of Liability

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, SUPPLIERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO, OR USE OF, THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THE COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING WITHIN THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR ANY INDIRECT DAMAGES, EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

19. Assumption of Risk

YOU ACKNOWLEDGE THAT PHYSICAL EXERCISE AND FITNESS ACTIVITIES INVOLVE INHERENT RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF BODILY INJURY, DISABILITY, DEATH, AND PROPERTY DAMAGE. BY USING THE SERVICES AND PARTICIPATING IN ANY EXERCISES OR ACTIVITIES DESCRIBED THEREIN, YOU VOLUNTARILY ASSUME ALL SUCH RISKS AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES YOU MAY SUSTAIN AS A RESULT OF YOUR PARTICIPATION IN SUCH ACTIVITIES.

Your reliance on any information provided through the Services is solely at your own risk. The Company makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness, or quality of any Content on the Services.

20. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, SUPPLIERS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR DEMANDS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, OR DEBT, AND EXPENSES, INCLUDING BUT NOT LIMITED TO LEGAL FEES AND EXPENSES, ARISING FROM:

(A) YOUR USE OF AND ACCESS TO THE SERVICES, INCLUDING ANY DATA OR CONTENT TRANSMITTED OR RECEIVED BY YOU; (B) YOUR VIOLATION OF THESE TERMS, INCLUDING ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES; (C) YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING ANY RIGHT OF PRIVACY OR INTELLECTUAL PROPERTY RIGHTS; (D) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION; (E) ANY USER GENERATED CONTENT SUBMITTED FROM YOUR ACCOUNT; OR (F) ANY INJURY OR HARM ARISING FROM YOUR PARTICIPATION IN EXERCISES OR ACTIVITIES DESCRIBED ON THE SERVICES.

21. Dispute Resolution and Arbitration

21.1 Informal Resolution

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith informal negotiation. If you have a dispute with the Company, you agree to contact us first at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days before initiating any formal proceeding.

21.2 Binding Arbitration

IF WE CANNOT RESOLVE A DISPUTE INFORMALLY, YOU AND THE COMPANY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT EITHER PARTY MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT IF THE CLAIM QUALIFIES.

Arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”) then in effect, or as otherwise mutually agreed by the parties. The arbitration shall take place in Orange County, Florida, or at another mutually agreed location, or may be conducted remotely via telephone or video conference as permitted by the arbitrator. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

21.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

21.4 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to the Company at [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, all other provisions of these Terms will continue to apply.

22. Termination

The Company reserves the right, in its sole discretion, to suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice. You may terminate your account at any time by contacting the Company or through your account settings.

Upon termination, your right to use the Services will immediately cease. Termination of your account does not entitle you to a refund of any fees already paid. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, assumption of risk, indemnification, limitation of liability, and dispute resolution provisions.

23. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). To the extent that any legal action is permitted outside of the arbitration provisions of Section 21, you irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Orange County, Florida.

24. General Provisions

24.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements and understandings.

24.2 Severability

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. The remaining provisions shall continue in full force and effect.

24.3 No Waiver

The failure or delay of either party to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

24.4 Assignment

You may not assign these Terms or any of your rights or obligations hereunder without the prior written consent of the Company. The Company may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

24.5 No Agency

Nothing in these Terms is intended to or shall create a joint venture, partnership, employer-employee, or agency relationship between you and the Company.

24.6 Service Interruption

To ensure the best possible service level, the Company reserves the right to interrupt the Services for maintenance, system updates, or any other changes, informing users appropriately. The Services may also be unavailable due to reasons outside the Company’s reasonable control, such as force majeure events.

24.7 Changes to These Terms

The Company reserves the right to amend or modify these Terms at any time. Such changes will only affect the relationship with you from the date communicated onward. The continued use of the Services will signify your acceptance of the revised Terms. If you do not wish to be bound by the changes, you must stop using the Services.

25. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Bio Fit Health & Wellness LLC (d/b/a Exercise Guide)

Email: [email protected]

Website: workoutbuilder.com

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Privacy Policy

Last Updated: February 11, 2026

This is the Privacy Policy of Bio Fit Health & Wellness, LLC, doing business as Exercise Guide (d/b/a Exercise Guide) (hereafter referred to as “us,” “we,” “our,” or the “Company”). This Privacy Policy describes how your personal information is collected, used, and shared when you use the ExerciseGuide website (exerciseguide.com), the ExerciseGuide mobile application for iOS and Android (the “App”), and any related services, features, or content (together, the “Services”).

By accessing or using the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree with this Privacy Policy, please do not access or use the Services.

We may modify this Privacy Policy from time to time. We will make reasonable efforts to notify registered users of material changes via email or through a notice on the Services. Your continued use of the Services after any changes constitutes your acceptance of the updated Privacy Policy on a prospective basis.

1. Personal Information We Collect

1.1 Information You Provide to Us

Account Registration Information

When you create an account, you must provide your email address and password. You may also create a username, upload a profile photo or avatar, and provide additional profile information for use in community features, forums, and comments.

Payment Information

If you purchase a paid membership or other paid content, you must provide valid payment information. Payment card information is collected and processed directly by our third-party payment processors (such as Stripe or the applicable App Store payment system) and is not received or stored by us. We may receive and retain limited information about the transaction, such as the name associated with your payment method, transaction amount, and date.

App Store Account Information

If you access the Services through the App, your purchase and subscription information may be processed by Apple (App Store) or Google (Google Play Store) according to their respective privacy policies. We may receive limited information from these platforms to confirm your subscription status.

User Generated Content

If you post comments, participate in forums, submit reviews, or interact with community features, the content you submit and any associated information (such as your username and profile photo) will be collected and may be publicly visible to other users of the Services.

Communications

If you contact us for customer support, participate in surveys, contests, or special offers, or otherwise communicate with us, we may collect the information you provide in those communications.

1.2 Information Collected Automatically

Each time you access the Services, whether through the website or the App, we automatically collect certain information about your device and your interaction with the Services. This may include:

(a) Device information, such as your device type, operating system and version, unique device identifiers, and mobile network information; (b) Usage information, such as pages or screens viewed, content accessed, features used, time spent on pages, and navigation paths; (c) Your IP address, approximate geographic location, browser type, and Internet service provider (ISP); (d) Referring/exit pages, date/time stamps, and related metadata; and (e) Information collected through cookies, pixel tags, web beacons, and similar tracking technologies.

1.3 Information from Third Parties

We may receive information about you from third-party sources, including analytics providers, advertising networks, and social media platforms, which we may combine with other information we collect about you.

2. How We Use Your Information

We may use the information collected about you to:

(a) Provide, operate, maintain, and improve the Services, including delivering content, processing transactions, and managing your account and membership; (b) Personalize your experience, including recommending content, exercises, workout programs, and other features based on your usage and preferences; (c) Send you transactional communications, including account confirmations, billing notifications, membership updates, and customer support responses; (d) Send you marketing and promotional communications about new content, features, programs, and offers (subject to your preferences and opt-out rights); (e) Analyze usage trends and measure the effectiveness of our content and features for troubleshooting and improvements; (f) Detect, prevent, and address fraud, security issues, and technical problems; (g) Enforce our Terms of Service and other legal rights; (h) Comply with applicable laws, regulations, and legal processes; and (i) For any other purpose with your consent.

3. Cookies and Tracking Technologies

We and our third-party partners use cookies, pixel tags, web beacons, and similar technologies to collect information about your use of the Services. Cookies are small data files stored on your device that help us improve the Services, personalize your experience, and analyze usage patterns.

Types of Cookies We Use

(a) Essential cookies: Required for the Services to function properly, such as maintaining your login session and processing transactions. (b) Analytics cookies: Help us understand how users interact with the Services, which pages are most visited, and how we can improve performance. (c) Advertising and tracking cookies: Used by us and third-party advertising partners to deliver relevant advertisements and measure the effectiveness of advertising campaigns.

Your Cookie Choices

Most web browsers allow you to manage your cookie preferences through browser settings. You can set your browser to refuse cookies or alert you when cookies are being sent. However, disabling cookies may affect the functionality of the Services. For mobile devices, you can manage tracking preferences through your device settings.

4. Disclosures to Third Parties

We may disclose your information to the following categories of third parties:

Authorized Service Providers

We share your information with authorized service providers involved in operating the Services, including website and app hosting providers, payment processors, email service providers, analytics companies, customer support tools, and content delivery networks. These providers are contractually obligated to use your information only as necessary to provide services to us and in accordance with this Privacy Policy.

Affiliate Partners

The Services may contain affiliate links to third-party products and services. When you click on an affiliate link, the third-party may collect information about you in accordance with their own privacy policy. We do not control the privacy practices of third-party affiliate partners. We encourage you to review the privacy policies of any third-party websites you visit through affiliate links on the Services.

Analytics and Advertising Partners

We may share information with analytics providers (such as Google Analytics) and advertising partners to help us understand usage patterns, measure the performance of our content and advertising, and deliver relevant advertising. This information may include device identifiers, IP addresses, and usage data.

Legal Situations

We may disclose your information when we have a good faith belief that disclosure is required by or in response to a search warrant, subpoena, court order, or similar request from a law enforcement or other government agency, or when we believe disclosure is necessary to protect our rights, safety, or property, or the rights, safety, or property of others.

Business Transfers

In the event of a merger, acquisition, reorganization, sale of assets, or bankruptcy, your personal information may be transferred to the acquiring entity or successor. We will make reasonable efforts to notify you of any such transfer that materially affects the use of your personal information.

Aggregated and De-Identified Information

We may publicly disclose aggregated or de-identified user statistics and other information that cannot reasonably be used to identify you.

5. Emails and Communications

Transactional Emails

When you create an account or make a purchase, we may send you transactional emails, including welcome emails, purchase confirmations, membership renewal notices, and account status updates. You may not opt out of transactional emails as they are necessary for the operation of your account.

Marketing Emails

Depending on your preferences, we may send you marketing and promotional emails about new content, features, programs, and offers. You may opt out of marketing emails at any time by following the unsubscribe instructions in the email or by adjusting your account settings. Please note that opting out of marketing emails will not affect transactional or account-related communications.

Push Notifications

If you use the App, we may send you push notifications about new content, features, or other updates. You can manage your push notification preferences through your device settings or the App settings at any time.

6. Your Privacy Rights

All Users

You may change your account information, update your communication preferences, or close your account at any time by logging into your account and adjusting your account settings, or by contacting us at [email protected]. If you close your account or request that we delete it, you may lose access to content and features associated with your membership. When you close your account, we may retain certain information as necessary to comply with legal obligations, resolve disputes, enforce our agreements, or where we have a legitimate business interest in doing so.

6.1 California Users (CCPA/CPRA)

If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA):

Your California Privacy Rights

(a) Right to Know: You have the right to request information about the categories and specific pieces of personal information we have collected about you, the sources of that information, the purposes for collection, and the categories of third parties with whom we have shared your information. (b) Right to Delete: You have the right to request deletion of your personal information, subject to certain exceptions. (c) Right to Correct: You have the right to request correction of inaccurate personal information. (d) Right to Opt Out of Sale or Sharing: You have the right to opt out of the “sale” or “sharing” of your personal information, as those terms are defined under California law. We do not sell your personal information for monetary consideration. If our use of cookies or similar technologies constitutes “sharing” under California law, you may opt out by adjusting your cookie preferences. (e) Right to Limit Use of Sensitive Personal Information: We do not use sensitive personal information beyond what is necessary to provide the Services. (f) Right to Non-Discrimination: We will not discriminate against you for exercising any of your privacy rights.

How to Exercise Your Rights

To exercise your rights, please log into your account and use the available account management tools, or contact us at [email protected]. You may submit a verifiable consumer request, and we will verify your identity before processing your request. We will respond to verifiable requests within forty-five (45) days, or notify you if an extension is required.

Authorized Agents

You may designate an authorized agent to submit a privacy request on your behalf. If you use an authorized agent, we may require: (a) proof that the agent has been authorized by you, such as a signed written authorization or power of attorney; and (b) verification of your own identity. We may deny a request from an agent who cannot provide sufficient proof of authorization.

6.2 Other U.S. State Privacy Rights

Residents of certain other states, including Virginia, Colorado, Connecticut, Utah, and other states with comprehensive privacy laws, may have similar rights to access, delete, correct, and opt out of certain processing of their personal information. To exercise any applicable rights, please contact us at [email protected].

6.3 Nevada Users

Nevada residents have the right to opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information as defined by Nevada law, and we do not have plans to do so.

7. Data Security

We implement reasonable administrative, technical, and physical security measures designed to protect your personal information from unauthorized access, use, alteration, or disclosure. However, no method of transmission over the Internet or method of electronic storage is completely secure, and we cannot guarantee the absolute security of your information. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.

Data Breach Notification

In the event of a data breach that affects your personal information, we will notify affected users via email and through a notice on the Services within a commercially reasonable timeframe, and in any event within the timeframes required by applicable law. Such notification will describe the nature of the breach and the steps we are taking in response, and will provide guidance on measures you can take to protect yourself.

8. Data Retention

We retain your personal information for as long as your account is active or as needed to provide you with the Services. We may also retain your information as necessary to comply with legal obligations, resolve disputes, enforce our agreements, and for legitimate business purposes. When your information is no longer needed for these purposes, we will delete or de-identify it in accordance with our data retention practices.

9. Children’s Privacy

The Services are not intended for individuals under the age of 13. We do not knowingly collect personal information from children under 13. If you are a parent or legal guardian who has discovered that your child has provided personal information through the Services without your consent, please contact us at [email protected] so that we can take steps to remove the information and terminate the child’s account. Users between the ages of 13 and 18 may only use the Services with the consent and supervision of a parent or legal guardian, consistent with our Terms of Service.

10. Third-Party Links and Services

The Services may contain links to third-party websites, products, and services, including affiliate links. We are not responsible for the privacy practices or content of these third-party sites. We encourage you to review the privacy policies of any third-party websites you visit. The inclusion of any link on the Services does not imply our endorsement of the linked site or service.

If you access the Services through the App, your use is also subject to the privacy policies of the Apple App Store or Google Play Store, as applicable.

11. Do Not Track Signals

Some web browsers transmit “Do Not Track” (DNT) signals. Because there is no common understanding of how to interpret DNT signals, the Services do not currently respond to browser DNT signals. You can manage your tracking preferences through your browser cookie settings and, for mobile devices, through your device privacy settings.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes to our practices, technologies, legal requirements, or for other operational reasons. We will post the updated Privacy Policy on the Services and update the “Last Updated” date at the top. For material changes, we will make reasonable efforts to notify registered users via email or through a prominent notice on the Services. Your continued use of the Services after any changes constitutes your acceptance of the updated Privacy Policy.

13. Contact Us

If you have questions about this Privacy Policy, your personal information, or would like to exercise any of your privacy rights, please contact us:

Bio Fit Health & Wellness LLC (d/b/a Exercise Guide)

Email: [email protected]

Website: workoutbuilder.com

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