ACCELIOS Terms of Service

ACCELIOS TERMS OF SERVICE Document Version: 1.0 Provider: Alexander Cruz Limcuando Jr., doing business as ACCELIOS Contact: aj@accelios.ai Effective Date: Recorded automatically when this document version is published Privacy Policy: /privacy Consumer Health Data Privacy Notice: /consumer-health-data Consolidated Onboarding Agreement: /onboarding-agreement 1. ACCEPTANCE OF TERMS These Terms govern access to and use of the ACCELIOS website, application, coaching services, content, subscriptions, and related features (collectively, the “Services”). By creating an account, purchasing a subscription, accepting these Terms, or using the Services, you agree to these Terms and the policies and agreements incorporated by reference. If you do not agree, do not use the Services. 2. ELIGIBILITY You must be at least 18 years old and legally able to enter a binding agreement. ACCELIOS does not currently offer the adult Services to minors. A future minor program must use separate guardian consent and terms. 3. ACCOUNTS You agree to provide accurate information, keep credentials confidential, use the account only for yourself, promptly report suspected unauthorized access, and accept responsibility for account activity to the extent permitted by law. You may not sell, transfer, sublicense, or share an account. 4. THE SERVICES ACCELIOS may provide workout programming, general nutrition guidance, habit coaching, progress tracking, Daily Logs, progress photos, Game Plans, educational content, and related communications. Features, availability, and the amount of coach or human review may differ by plan, workflow, or product version. ACCELIOS may add, modify, suspend, or discontinue features. Where required, ACCELIOS will provide notice of material changes affecting paid Services. 5. NOT MEDICAL CARE The Services are for general fitness, nutrition, habit, and wellness purposes. They do not constitute medical diagnosis, treatment, emergency care, physical therapy, mental-health treatment, or individualized medical nutrition therapy unless expressly provided by a properly licensed professional acting within scope. You are responsible for consulting qualified healthcare professionals when appropriate. 6. AI AND AUTOMATED OUTPUT ACCELIOS may use artificial intelligence and automated systems to prepare summaries, identify patterns, and help generate Game Plans or recommendations. Automated output may be inaccurate, incomplete, or inappropriate. You must use reasonable judgment and should not rely on ACCELIOS as a substitute for professional medical advice. ACCELIOS does not guarantee that every automated output will receive human review. 7. SUBSCRIPTIONS AND AUTOMATIC RENEWAL Paid plans may be offered on a monthly, annual, or other recurring basis. Before purchase, ACCELIOS will disclose the price, billing interval, automatic-renewal terms, material restrictions, and available cancellation method. Unless canceled, a recurring subscription automatically renews for the same billing interval at the price disclosed at checkout or the then-current price after legally required notice. By starting a recurring subscription, you authorize ACCELIOS and its payment processor to charge the payment method on file for recurring fees, applicable taxes, and authorized adjustments. 8. CANCELLATION You may cancel a recurring subscription through available account controls or by contacting aj@accelios.ai. Cancellation stops future renewal charges and normally becomes effective at the end of the current paid billing period unless applicable law or a specific offer provides otherwise. Deleting the app or ceasing use does not automatically cancel a subscription. 9. FEES, TAXES, AND PRICE CHANGES You agree to pay fees disclosed at checkout. Fees may exclude taxes unless stated otherwise. ACCELIOS may change prices for future billing periods and will provide notice where required by law. 10. TRIALS, PROMOTIONS, AND DISCOUNTS Trials, promotions, discounts, and complimentary access may have additional terms. If a trial converts to a paid subscription, the conversion date, price, and cancellation method should be disclosed before enrollment. 11. MANUAL, COMPLIMENTARY, AND OFFLINE ACCESS ACCELIOS may grant manual, complimentary, trial, administrative, or offline-payment access. Such access may be time-limited, paused, archived, or ended according to the applicable arrangement. Manual access does not create a recurring Stripe subscription unless separately purchased. 12. REFUNDS Except where required by law or expressly stated in a written offer: • Subscription fees are nonrefundable once charged. • ACCELIOS does not provide prorated refunds for unused portions of a billing period. • Canceling prevents future renewal but does not retroactively refund the current period. ACCELIOS may issue discretionary credits or refunds without creating an obligation to do so in other cases. 13. USER CONTENT You retain ownership of information, messages, photos, logs, feedback, and other material you submit. You grant ACCELIOS a limited, nonexclusive, worldwide license to host, store, reproduce, process, display, and use User Content only as reasonably necessary to provide, secure, maintain, improve, and support the Services, comply with law, and exercise rights under these Terms and the Privacy Policy. This operational license does not authorize promotional use of private progress photos or testimonials. Promotional use requires separate consent and specific content approval. 14. FEEDBACK If you provide ideas or suggestions, you grant ACCELIOS permission to use them without restriction or compensation, provided ACCELIOS does not publicly identify you without permission. 15. ACCELIOS INTELLECTUAL PROPERTY The Services, software, design, branding, workflows, text, graphics, templates, and ACCELIOS-created content are owned by or licensed to ACCELIOS and protected by applicable laws. ACCELIOS grants you a limited, personal, nonexclusive, nontransferable, revocable right to use the Services for personal, noncommercial purposes. 16. ACCEPTABLE USE You may not use the Services unlawfully or fraudulently; interfere with security or operation; access another person’s account; upload harmful code; harass or impersonate others; copy or resell the Services; circumvent access controls; or submit content that violates law or third-party rights. 17. COMMUNICATIONS ACCELIOS may send transactional and service-related communications, including account, security, billing, onboarding, and coaching messages. Marketing email or text messages will be sent only as permitted by law and may require separate consent. 18. THIRD-PARTY SERVICES The Services may depend on third-party providers, including hosting, authentication, payments, email, AI, and data providers. ACCELIOS is not responsible for third-party products or services it does not control. 19. SUSPENSION AND TERMINATION ACCELIOS may suspend, pause, restrict, archive, or terminate access if you violate these Terms; payment is overdue, reversed, or disputed; use creates security, legal, or safety risk; ACCELIOS is required to act by law; the Services are discontinued; or the applicable access arrangement expires. Where reasonable and required, ACCELIOS will provide notice. 20. SERVICE AVAILABILITY ACCELIOS does not guarantee uninterrupted or error-free service. Maintenance, provider outages, security events, internet failures, and circumstances outside ACCELIOS’s control may affect availability. 21. DISCLAIMER OF WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ACCELIOS DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ACCELIOS DOES NOT WARRANT THAT THE SERVICES, DATA, AI OUTPUT, RECOMMENDATIONS, OR CONTENT WILL BE ACCURATE, COMPLETE, SAFE FOR EVERY PERSON, UNINTERRUPTED, OR ERROR-FREE. 22. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, ACCELIOS AND ITS OWNERS, EMPLOYEES, CONTRACTORS, COACHES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY LAW, ACCELIOS’S TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF: • THE AMOUNT YOU PAID TO ACCELIOS DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR • ONE HUNDRED U.S. DOLLARS ($100). These limitations do not apply where prohibited by law. 23. INDEMNIFICATION To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless ACCELIOS and its owners, employees, contractors, coaches, agents, and representatives from third-party claims arising from your unlawful or unauthorized use, violation of these Terms, infringement of another person’s rights, or User Content you submit. 24. INFORMAL DISPUTE RESOLUTION Before filing a legal claim, you and ACCELIOS agree to make a good-faith effort to resolve the dispute informally. A notice should describe the issue and requested resolution and be sent to aj@accelios.ai. Either party may proceed after 30 days if the dispute is not resolved, unless immediate relief is reasonably necessary. 25. GOVERNING LAW AND VENUE These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where the law of your home jurisdiction must apply. Any court proceeding will be brought in a state or federal court located in the California county where ACCELIOS maintains its principal place of business, unless applicable consumer law requires another venue. These Terms do not include mandatory arbitration or a class-action waiver. 26. ELECTRONIC RECORDS You consent to electronic records and signatures for these Terms and related transactions. The document Effective Date is recorded when this version is published. Your acceptance date and time are recorded separately when you accept. 27. CHANGES TO THE TERMS ACCELIOS may update these Terms prospectively. Material changes will be communicated as required by law and may require renewed acceptance. 28. GENERAL TERMS If a provision is unenforceable, the remaining provisions remain effective. Failure to enforce a provision is not a waiver. These Terms, together with incorporated policies and agreements, form the entire agreement regarding the Services unless a separate written agreement applies. 29. CONTACT Alexander Cruz Limcuando Jr., doing business as ACCELIOS Email: aj@accelios.ai