Terms of Service

1. Acceptance of Terms

By accessing or using PhysiqMax ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App. We reserve the right to modify these Terms at any time, and your continued use constitutes acceptance of any changes.

2. Description of Service

PhysiqMax provides:

• AI-powered physique analysis from uploaded photos
• Personalized workout plan generation
• Progress tracking and visualization tools
• Fitness recommendations and insights

The App is provided "as is" and we reserve the right to modify, suspend, or discontinue any aspect of the service at any time.

3. User Accounts and Registration

Account Creation

To use PhysiqMax, you must:

• Be at least 13 years of age (or 18 in some jurisdictions)
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access

Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

4. Subscription and Payment

Subscription Plans

PhysiqMax offers subscription-based access with the following terms:

• Subscriptions are billed through the Apple App Store
• Free trial periods (where offered) convert to paid subscriptions unless cancelled
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• Pricing is subject to change with notice

Refunds

Refund requests are handled through the Apple App Store according to their policies. We do not directly process refunds. Generally, subscriptions are non-refundable except as required by law.

Cancellation

You may cancel your subscription at any time through your iPhone Settings → Apple ID → Subscriptions. Cancellation takes effect at the end of the current billing period.

5. User Content and Conduct

Your Content

You retain ownership of photos and data you upload. By uploading content, you grant us a limited license to:

• Process your photos through our AI analysis system
• Store your data to provide the service
• Use anonymized, aggregated data to improve our AI models

Prohibited Conduct

You agree not to:

• Upload inappropriate, offensive, or illegal content
• Attempt to reverse engineer or hack the App
• Use the App for any commercial purpose without permission
• Impersonate others or provide false information
• Interfere with the App's operation or other users' access
• Scrape, data mine, or extract data from the App

6. Intellectual Property

All content, features, and functionality of PhysiqMax, including but not limited to:

• Software code and algorithms
• AI models and analysis systems
• Design, graphics, and user interface
• Text, images, and other content
• Trademarks and branding

are owned by Smoothware Solutions and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

7. Health and Fitness Disclaimer

By using PhysiqMax, you acknowledge that:

• The App provides general fitness information and AI-generated suggestions
• You should consult with healthcare professionals before starting any fitness program
• We are not liable for any injuries, health issues, or adverse effects resulting from following our recommendations
• Individual results may vary and are not guaranteed
• You assume all risks associated with physical exercise

8. Limitation of Liability

To the maximum extent permitted by law:

• PhysiqMax and Smoothware Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid for the subscription in the 12 months preceding the claim
• We do not warrant that the App will be uninterrupted, error-free, or secure
• We are not responsible for third-party content or services

9. Indemnification

You agree to indemnify and hold harmless PhysiqMax, Smoothware Solutions, and our affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the App, violation of these Terms, or infringement of any rights of another party.

10. Termination

We may terminate or suspend your account and access to the App:

• For violation of these Terms
• For fraudulent, abusive, or illegal activity
• At our sole discretion with or without notice

Upon termination, your right to use the App ceases immediately. Provisions that should survive termination (including disclaimers, limitations of liability, and indemnification) will remain in effect.

11. Governing Law and Disputes

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles. Any disputes shall be resolved through:

• Good faith negotiation between the parties
• Binding arbitration if negotiation fails
• Courts in [Your Jurisdiction] for any matters not subject to arbitration

12. Miscellaneous

Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and PhysiqMax.

Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

Waiver

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

Assignment

You may not assign these Terms without our consent. We may assign these Terms to any affiliate or successor.

13. Contact Information

For questions about these Terms, contact us: