TERMS OF SERVICE

Last Updated: January 26, 2026

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1. Agreement to Terms

Welcome to LuxMax! By accessing or using our mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the App.

Important: Please read these Terms carefully before using LuxMax. They constitute a legally binding agreement between you and LuxMax.

2. Definitions

  • "App" refers to the LuxMax mobile application
  • "Services" refers to all features, content, and functionality provided through the App
  • "User," "You," "Your" refers to the person accessing or using the App
  • "We," "Us," "Our" refers to LuxMax and its operators
  • "Content" refers to text, images, videos, data, and other materials in the App

3. Eligibility

To use LuxMax, you must:

  • Be at least 13 years of age
  • Have the legal capacity to enter into a binding agreement
  • Not be prohibited from using the Services under applicable laws
  • Provide accurate and complete registration information

If you are under 18, you must have permission from a parent or legal guardian to use the App.

4. Account Registration and Security

4.1 Account Creation

To access certain features, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

4.2 Account Termination

We reserve the right to suspend or terminate your account if:

  • You violate these Terms
  • You engage in fraudulent or illegal activities
  • Your account has been inactive for an extended period
  • We are required to do so by law

5. Acceptable Use

5.1 Permitted Use

You may use the App for:

  • Personal fitness tracking and goal setting
  • Participating in challenges and competitions
  • Interacting with the AI assistant (Chad)
  • Viewing leaderboards and achievements
  • Accessing workout content and guidance

5.2 Prohibited Conduct

You agree NOT to:

  • Use the App for any illegal purpose
  • Violate any local, state, national, or international law
  • Harass, abuse, or harm other users
  • Impersonate any person or entity
  • Upload viruses, malware, or malicious code
  • Attempt to gain unauthorized access to the App or systems
  • Reverse engineer, decompile, or disassemble the App
  • Use automated systems (bots, scrapers) without permission
  • Manipulate leaderboards or achievements through cheating
  • Share your account credentials with others
  • Collect or harvest user data without consent
  • Interfere with or disrupt the App's functionality

6. Subscription and Payments

6.1 Free and Premium Features

LuxMax offers both free and premium subscription tiers:

  • Free Tier: Access to basic features and limited challenges
  • Premium Tier: Full access to all challenges, features, and content

6.2 Subscription Terms

  • Subscriptions are billed on a recurring basis (monthly or annually)
  • Payment is charged to your App Store or Google Play account
  • Subscriptions auto-renew unless cancelled at least 24 hours before the end of the current period
  • You can manage or cancel subscriptions through your device's account settings

6.3 Refunds

Refund policies are governed by the App Store or Google Play Store terms. Generally:

  • Refunds are handled by Apple or Google, not directly by us
  • We do not provide refunds for partial subscription periods
  • Contact the respective store for refund requests

6.4 Price Changes

We reserve the right to modify subscription prices. You will be notified of price changes in advance, and changes will apply to subsequent billing cycles.

7. Intellectual Property Rights

7.1 Our Content

All content in the App, including but not limited to:

  • Text, graphics, logos, icons, images
  • Audio, video, and animations
  • Software, code, and algorithms
  • Workout programs and challenge designs
  • AI assistant responses and personality

...is owned by LuxMax or our licensors and protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Access and use the App for personal, non-commercial purposes
  • Download and use the App on your personal devices

This license does not include the right to:

  • Modify, copy, or distribute the App
  • Create derivative works
  • Use the App for commercial purposes
  • Remove copyright or proprietary notices

7.3 User Content

You retain ownership of content you create (profile information, workout logs, etc.). By using the App, you grant us a worldwide, non-exclusive, royalty-free license to:

  • Use, store, and display your content to provide Services
  • Create anonymized, aggregated data for analytics
  • Display your username and achievements on leaderboards (if you opt-in)

8. Health and Safety Disclaimer

IMPORTANT HEALTH NOTICE: LuxMax is a fitness tracking and motivation app, NOT a medical device or professional health service.

8.1 Medical Disclaimer

  • The App is not intended to diagnose, treat, cure, or prevent any disease
  • Content is for informational and motivational purposes only
  • Always consult a healthcare professional before starting any fitness program
  • Stop exercising and seek medical attention if you experience pain, dizziness, or discomfort

8.2 Assumption of Risk

By using LuxMax, you acknowledge that:

  • Physical exercise involves inherent risks
  • You are voluntarily participating in activities
  • You are responsible for your own health and safety
  • You will exercise within your physical capabilities
  • You will use proper form and technique

8.3 No Professional Advice

The AI assistant (Chad) provides motivational support and general fitness information, NOT professional medical, nutritional, or therapeutic advice. Do not rely on Chad for:

  • Medical diagnosis or treatment
  • Personalized nutrition plans
  • Mental health counseling
  • Injury rehabilitation

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

9.1 No Warranties

The App is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

  • Merchantability or fitness for a particular purpose
  • Accuracy, reliability, or completeness of content
  • Uninterrupted or error-free operation
  • Security or freedom from viruses

9.2 Limitation of Damages

LuxMax and its affiliates, officers, employees, and agents shall not be liable for:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or use
  • Personal injury or property damage
  • Damages arising from your use or inability to use the App

Our total liability shall not exceed the amount you paid for the App in the 12 months preceding the claim, or $100, whichever is greater.

9.3 Exceptions

Some jurisdictions do not allow limitations on implied warranties or liability for incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless LuxMax and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your content or conduct

11. Third-Party Services

The App may integrate with or link to third-party services:

  • App Store / Google Play Store
  • Social media platforms
  • Payment processors
  • Analytics services

We are not responsible for third-party services, their content, or their privacy practices. Your use of third-party services is subject to their own terms and policies.

12. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to our privacy practices.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes through:

  • In-app notifications
  • Email (if provided)
  • Updated "Last Updated" date

Your continued use of the App after changes constitutes acceptance of the modified Terms. If you disagree with changes, you must stop using the App and delete your account.

14. Termination

14.1 By You

You may terminate your account at any time by:

  • Deleting your account through app settings
  • Uninstalling the App
  • Contacting our support team

14.2 By Us

We may suspend or terminate your access immediately, without notice, for:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Harm to other users or the App
  • Extended inactivity

14.3 Effect of Termination

Upon termination:

  • Your right to use the App ceases immediately
  • Your data may be deleted (see Privacy Policy)
  • Provisions that should survive termination will remain in effect

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, you agree to contact us at support@luxmax.app to attempt to resolve the dispute informally. We will work in good faith to resolve disputes within 30 days.

15.2 Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration rather than in court, except:

  • Small claims court disputes
  • Intellectual property disputes
  • Where arbitration is prohibited by law

15.3 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive the right to participate in class actions, class arbitrations, or representative actions.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles. Any legal action must be brought in the courts located in [Your Jurisdiction].

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and LuxMax regarding the App.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

17.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.

17.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, wars, pandemics, etc.).

18. Contact Information

For questions, concerns, or support regarding these Terms:

  • Email: support@luxmax.app
  • Legal: legal@luxmax.app
  • In-App Support: Settings → Help & Support

19. Acknowledgment

By using LuxMax, you acknowledge that:

  • You have read and understood these Terms
  • You agree to be bound by these Terms
  • You are legally able to enter into this agreement
  • You understand the risks associated with physical exercise
  • You will use the App responsibly and safely

Thank you for choosing LuxMax. Now go level up your life! 💪