No Employment or Agency Relationship.Fitmore operates solely as a technology platform. Fitmore is not an employer, broker, agent, or insurer. Instructors are independent third parties who use the Platform to market their services. Fitmore does not control, direct, or supervise any Instructor's performance, schedule, pricing, training methods, or business practices.

No agency, partnership, joint venture, or employment relationship is created between Fitmore and any User or Instructor by virtue of these Terms or use of the Platform.

Direct Contracts. Any booking, purchase, or training agreement is a contract solely between the User and the Instructor. Fitmore is not a party to any such contract and expressly disclaims all liability arising therefrom.

By accessing or using the Platform, you represent and warrant that:

• You are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater;
• You reside in the United States, Canada (excluding Quebec), the Netherlands, the United Kingdom, Ireland, or Australia;
• You have the legal capacity to enter into binding contracts; and
• If you are an Instructor, you possess all requisite certifications, licenses, and insurance required to provide fitness instruction in your jurisdiction.

Verification. Fitmore reserves the right, but undertakes no obligation, to verify your identity, credentials, or qualifications. You agree to provide proof of identity upon request. Failure to provide such proof upon request constitutes grounds for immediate account termination.

(a) The “Verified” Badge.Fitmore may grant a “Verified” badge to select Users. This designation indicates only that Fitmore has utilized a third-party identity verification service (e.g., Stripe Identity) to validate the User's government-issued identification and biometric data.

(b) Consent to Third-Party Processing. By requesting verification, you expressly consent to the collection and processing of your personal identification (including photographs of government-issued identification) and biometric data (e.g., facial recognition scan) by our third-party provider, Stripe, Inc. You acknowledge that Stripe processes this data in accordance with its own privacy policy and that Fitmore does not store raw biometric identifiers or government identification images on its servers.

(c) Scope of Verification.The “Verified” badge confirms identity only. Fitmore does not verify:

• Liability insurance coverage;
• CPR, First Aid, or other safety certifications; or
• Professional credentials, skill level, or fitness to provide services.

Any badges, tags, or indicators suggesting “Insured,” “Certified,” or similar status are based solely on the User's self-reported information. The “Verified” badge does not constitute an endorsement, certification, or guarantee regarding an Instructor's qualifications, safety, or suitability for any particular purpose.

(d) User Warranty.You represent and warrant that any identification provided during verification is your own and is authentic. Using a false identity or another person's credentials constitutes a material breach of these Terms and shall result in immediate account termination and a permanent ban from the Platform.

(e) Profile Synchronization. You acknowledge and agree that upon successful identity verification, Fitmore may automatically update your profile display name to match the legal name associated with your verified government identification. You may be prevented from modifying your display name following verification to ensure Platform integrity.

YOU ACKNOWLEDGE THAT FITNESS ACTIVITIES CARRY INHERENT RISKS OF PHYSICAL INJURY, DISABILITY, OR DEATH.

Release.By using the Platform to find or engage an Instructor or Client, you voluntarily assume all risks associated with physical training activities. You hereby release and hold harmless Fitmore Labs, Inc., its officers, directors, employees, agents, successors, and assigns from any and all claims, demands, causes of action, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to physical injury, property damage, or wrongful death occurring during or as a result of any session arranged through the Platform.

No Medical Advice. Fitmore does not provide medical advice. You should consult a licensed physician before beginning any exercise program.

Current Pricing.Access to the Platform's core features is currently provided at no charge. Certain features, such as the ability to sell digital products, involve third-party payment processing services. Fees charged by third-party payment processors (e.g., Stripe) are your responsibility and are not set or controlled by Fitmore.

Future Fees.Fitmore reserves the right to introduce fees for access to the Platform or specific features at any time. If Fitmore introduces such fees, it will provide at least thirty (30) days' prior notice as described in Section 1.2. All fees, once introduced, shall be non-refundable except as required by applicable law.

Taxes. If Fitmore introduces fees, stated prices may not include applicable sales tax, value-added tax (VAT), goods and services tax (GST), or other governmental charges. If Fitmore is required to collect such taxes in your jurisdiction, they shall be added at checkout.

Instructor Transactions. Instructors who sell digital products or services through the Platform acknowledge that Fitmore facilitates these transactions through third-party payment processors. Fitmore is not a party to the transaction between the Instructor and the purchasing User and is not responsible for the quality, delivery, or fulfillment of any product or service sold by an Instructor.

Ownership.You retain all ownership rights in the photographs, biographical information, videos, and other materials you submit to the Platform (“User Content”).

License Grant. By posting User Content, you grant Fitmore a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, display, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute your User Content in any media or format, whether now known or hereafter developed, for the purpose of operating, promoting, and improving the Platform.

Representations and Warranties.You represent and warrant that: (i) you own or have obtained all necessary rights, licenses, and permissions to submit your User Content; (ii) your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights; and (iii) your User Content complies with these Terms and all applicable laws.

Copyright Complaints (DMCA). If you believe that content on the Platform infringes your copyright, please submit a takedown request to legal@fitmore.cowith the subject line “Copyright Claim.” Your notice must include: (1) identification of the copyrighted work claimed to have been infringed; (2) the URL or other specific location of the allegedly infringing material; (3) your contact information; (4) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Included Storage. Fitmore provides media storage as part of its Platform services to enable Instructors to showcase their work through profile photographs, videos, and digital products. Storage is provided for legitimate professional use related to fitness instruction services marketed through the Platform.

Fair Use Policy. While Fitmore does not impose strict per-user storage quotas, we reserve the right to monitor storage usage and take action against accounts that exceed reasonable limits or engage in misuse. Fitmore may, at its sole discretion:

• Contact users whose storage usage significantly exceeds typical usage patterns;
• Request that users reduce their storage footprint within a reasonable timeframe;
• Restrict upload capabilities for accounts flagged for excessive usage;
• Remove content that appears to be stored for purposes unrelated to fitness instruction services; or
• Terminate accounts that repeatedly violate this Fair Use Policy.

Prohibited Storage Uses. You may not use Platform storage for:

• General-purpose file backup or archival unrelated to your Fitmore profile;
• Hosting content on behalf of third parties who are not Platform users;
• Storing content that violates these Terms, including prohibited content described in Section 7; or
• Any commercial purpose unrelated to fitness instruction services offered through the Platform.

Content Optimization. To ensure efficient storage usage and optimal Platform performance, Fitmore may automatically compress, resize, or transcode uploaded media files. Original files may not be preserved in their uploaded format.

Data Retention. Upon account termination, your uploaded content may be deleted in accordance with our data retention policies. Fitmore is not responsible for preserving or providing copies of your content following account termination.

You agree not to:

• Solicit users to transact outside the Platform or move to a competing platform;
• Scrape, spider, crawl, or use any automated means to access or collect data from the Platform;
• Harass, stalk, threaten, or abuse any other user;
• Send unsolicited advertising, spam, or commercial solicitations through the Platform's messaging system;
• Share illegal content, malware, or harmful files;
• Post false credentials, fake reviews, or misleading information;
• Attempt to gain unauthorized access to any portion of the Platform or other users' accounts;
• Interfere with or disrupt the Platform's operation, servers, or networks; or
• Violate any applicable local, state, national, or international law or regulation.

Violation of these prohibitions may result in immediate account termination and may subject you to civil or criminal liability.

By creating an account, you expressly consent to receive electronic communications from Fitmore, including:

• Transactional communications (account verification, password resets, booking confirmations, message notifications);
• Service announcements and Platform updates;
• Educational content and industry information; and
• Marketing and promotional communications.

Required Communications. Transactional and service-related communications are necessary for Platform operation and cannot be disabled while your account remains active.

Optional Communications. You may opt out of marketing communications at any time using the unsubscribe mechanism provided in such communications.

Your personal data is processed in accordance with our Privacy Policy, which is incorporated herein by reference.

Cookies. By using the Platform, you consent to our use of cookies as described in our Cookie Policy. Users in the European Union will be asked for explicit consent before non-essential cookies are loaded.

California Residents.If you are a California resident, you may have additional rights under the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”), including the right to know what personal information we collect, the right to request deletion of your personal information, and the right to opt out of the sale or sharing of your personal information. For information regarding these rights and how to exercise them, please refer to our Privacy Policy.

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FITMORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Disclaimer Regarding Verification.The “Verified” badge is limited strictly to identity verification conducted via third-party analysis. Fitmore does not warrant that any “Verified” user maintains active liability insurance, current certifications, or any particular level of skill or competence. Verification does not constitute an endorsement, certification, or guarantee of any Instructor's safety, reliability, or character. Fitmore expressly disclaims any liability for the acts or omissions of any user, including “Verified” users. It is the sole responsibility of any party engaging an Instructor to:

• Request and verify proof of current liability insurance;
• Request and verify current CPR, First Aid, or other relevant certifications; and
• Conduct any other due diligence deemed appropriate prior to engaging the Instructor's services.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FITMORE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO FITMORE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100 USD) OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.

EXCLUSION OF DAMAGES. IN NO EVENT SHALL FITMORE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, PHYSICAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF FITMORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification.You agree to indemnify, defend, and hold harmless Fitmore Labs, Inc. and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your violation of these Terms; (ii) your use of the Platform; (iii) your violation of any rights of any third party; or (iv) any User Content you submit to the Platform.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Applicability. This Section 11 applies to users residing in the United States or Canada.

Mandatory Arbitration.Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

CLASS ACTION WAIVER. YOU AND FITMORE 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

Opt-Out.You may opt out of this arbitration agreement by sending written notice to legal@fitmore.co with the subject line “Arbitration Opt-Out” 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 this arbitration agreement.

Governing Law for US/Canada Users.For users residing in the United States or Canada, these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles, except that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., shall govern the interpretation and enforcement of the arbitration provisions set forth in this Section 11.

Platform Ownership.The Platform, including all content, features, functionality, software, code, databases, designs, text, graphics, logos, icons, images, audio clips, and the selection and arrangement thereof (collectively, “Fitmore Content”), is owned by Fitmore Labs, Inc. or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Except for the limited license granted herein, Fitmore reserves all rights in and to the Platform and Fitmore Content.

Trademarks.“Fitmore,” the Fitmore logo, and other Fitmore marks, graphics, logos, and service names are trademarks or registered trademarks of Fitmore Labs, Inc. You may not use any Fitmore trademarks without our prior written consent.

Feedback.If you provide Fitmore with any feedback, suggestions, ideas, or recommendations regarding the Platform (“Feedback”), you hereby assign to Fitmore all right, title, and interest in and to such Feedback. You agree that Fitmore shall be free to use, disclose, reproduce, license, and otherwise distribute and exploit such Feedback as Fitmore sees fit, without obligation or compensation to you.

To Fitmore. You may provide notice to Fitmore by email to legal@fitmore.co. Notice shall be deemed given upon receipt.

To You. Fitmore may provide notice to you by email to the address associated with your account, by posting notice on the Platform, or by any other method Fitmore deems appropriate. Notice by email shall be deemed given twenty-four (24) hours after the email is sent. Notice by posting shall be deemed given upon posting.

Modification of Terms. Fitmore reserves the right to modify these Terms at any time. Changes shall be effective immediately upon posting to the Platform. Your continued use of the Platform following the posting of any changes constitutes acceptance of such changes. Material changes shall be communicated to you via the email address associated with your account.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions.

Entire Agreement. These Terms, together with the Privacy Policy and any other legal notices or policies posted on the Platform, constitute the entire agreement between you and Fitmore regarding your use of the Platform and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral.

No Waiver. The failure of Fitmore to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by Fitmore.

Assignment.Fitmore may assign or transfer these Terms, including any rights and licenses granted hereunder, to any successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Fitmore's assets. You may not assign or transfer these Terms or any rights hereunder without Fitmore's prior written consent.

Fitmore may suspend or terminate your access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

Effect of Termination. Upon termination of your account:

• All licenses and rights granted to you under these Terms shall immediately terminate;
• You must immediately cease all use of the Platform;
• Any pending transactions or obligations incurred prior to termination shall survive and remain enforceable; and
• Fitmore shall have no obligation to maintain or provide access to any data, content, or materials associated with your account, except as required by applicable law or as described in our Privacy Policy.

Survival. The following provisions shall survive termination of these Terms: Sections 4 (Assumption of Risk and Release), 6 (User Content and License), 10 (Disclaimers and Limitation of Liability), 11 (Dispute Resolution), 12 (Governing Law and Jurisdiction), 13 (Intellectual Property), and 17 (General Provisions).