The rules of the road.

Last updated: April 27, 2026 · Effective immediately

Read this if nothing else PHITER provides AI-driven training and nutrition coaching for general fitness — not medical advice. By using the Service, you accept the medical disclaimer and assumption of risk in Section 4, the limitation of liability in Section 12, and the arbitration agreement in Section 16. If you don't agree, don't use the Service.

Contents

Acceptance of these terms
Eligibility & account
The Service
Medical disclaimer & assumption of risk
Subscriptions, billing, refunds
Free trial
Your content
Acceptable use
Intellectual property
Third-party services
Warranty disclaimers
Limitation of liability
Indemnification
Termination
Governing law
Disputes & arbitration
Changes to these terms
General
Contact

1.Acceptance of these terms

These Terms of Service ("Terms") form a binding contract between you and PHITER.ai ("PHITER," "we," "us"). By creating an account, accessing, or using the Service (the website at phiter.ai, the application at test.phiter.ai, and any related mobile or native apps), you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2.Eligibility & account

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account on your own. Minors aged 13–17 may use the Service only with verifiable parental or guardian consent and supervision.
You must provide accurate, current information when registering and keep it up to date.
You are responsible for safeguarding your password and for all activity under your account.
One person, one account. You may not share your account or transfer it to another person.

3.The Service

PHITER provides AI-driven coaching tools for training and nutrition, including:

Conversational coaching with our AI agent ("Phit")
Adaptive workout programs and exercise prescriptions
Photo-based food and macro analysis
Video-based exercise form analysis
Personal record tracking, recovery tracking, and related features

The Service is provided for general fitness and wellness purposes only. Features, pricing, and availability may change.

4.Medical disclaimer & assumption of risk

Important — read carefully PHITER is not a healthcare provider. Phit is not a doctor, dietitian, physical therapist, or licensed medical professional. The Service does not provide medical diagnosis, treatment, or medical advice.

4.1 Not medical advice

Information provided by PHITER, including any training plan, nutritional recommendation, calorie estimate, form analysis, or coaching message, is for general informational and educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment.

Always consult a qualified physician or healthcare professional before:

Beginning any new exercise program or significantly changing your existing one
Changing your diet, especially if you have a medical condition
Acting on any recommendation if you are pregnant, nursing, recovering from injury, or have a chronic condition (including but not limited to cardiovascular disease, diabetes, hypertension, eating disorders, or musculoskeletal injuries)

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

4.2 Assumption of risk

Physical exercise carries inherent risks, including but not limited to muscle strains, sprains, fractures, cardiovascular events, and in rare cases serious injury or death. By using the Service, you acknowledge and voluntarily assume all risks associated with exercise, training, and dietary changes you undertake based on or with the assistance of the Service.

4.3 Waiver and release

To the fullest extent permitted by law, you waive, release, and discharge PHITER, its founders, employees, contractors, affiliates, and partners from any and all claims, demands, losses, damages, and causes of action arising out of or related to your use of the Service, including any injury, illness, or death resulting from exercise, dietary changes, or activities undertaken in reliance on the Service.

5.Subscriptions, billing, refunds

5.1 Plans and pricing

The Service offers a free tier with limited functionality and one or more paid subscription tiers ("Pro"). Current pricing is shown at phiter.ai/#pricing. Prices may change with at least 30 days' notice; the new price will take effect on your next renewal.

5.2 Auto-renewal

Paid subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. You authorize us (and our payment processor) to charge your payment method on each renewal. You can cancel any time from your account settings; cancellation takes effect at the end of the current billing period.

5.3 Refunds

Subscription fees are generally non-refundable, except where required by applicable law (e.g., the EU 14-day right of withdrawal for digital services if you have not yet started using the paid features). For exceptional cases, contact support@phiter.ai; refund decisions are made at our sole discretion.

5.4 Taxes

Prices may be exclusive or inclusive of applicable taxes depending on your jurisdiction. You are responsible for any taxes, duties, or fees imposed on the transaction.

6.Free trial

We may offer a free trial period for paid features. By starting a free trial, you authorize us to charge your payment method automatically at the end of the trial period unless you cancel before it ends. Trial duration and eligibility are described at the time of sign-up. Free trials are limited to one per person.

7.Your content

You retain ownership of any content you submit to the Service, including your profile, training logs, food photos, exercise videos, and chat messages ("Your Content").

You grant PHITER a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Your Content solely to provide and improve the Service for you. We do not use Your Content to train external AI models, and we do not sell Your Content.

You represent that Your Content does not violate any law or third-party rights and that you have the right to submit it to the Service.

8.Acceptable use

You agree not to:

Use the Service for any unlawful, harmful, fraudulent, or abusive purpose
Attempt to access another user's account or data
Reverse engineer, decompile, or attempt to extract the source code of the Service
Scrape, copy, or redistribute Service content for commercial purposes
Use the Service to generate or distribute medical advice, prescription recommendations, or similar regulated content to third parties
Submit content that is defamatory, harassing, infringing, obscene, or otherwise objectionable
Interfere with the Service's operation, security, or other users' access
Use automated scripts or bots to interact with the Service except as expressly permitted
Resell or sublicense the Service without our written consent

We may suspend or terminate accounts that violate these rules.

9.Intellectual property

The Service — including its software, design, branding, training engine, content, and underlying technology — is owned by PHITER and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes in accordance with these Terms. No other rights are granted.

10.Third-party services

The Service relies on third-party providers (including Anthropic, Google, Supabase, Stripe, Vercel) to function. We are not responsible for the availability, accuracy, or behavior of third-party services. Your use of those services may be subject to their own terms and privacy policies.

11.Warranty disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. To the fullest extent permitted by law, PHITER disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, or that any defects will be corrected, or that the Service or any content will be accurate, reliable, or appropriate for your purposes.

12.Limitation of liability

To the fullest extent permitted by law, in no event will PHITER, its founders, employees, contractors, affiliates, or partners be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for lost profits, lost data, lost goodwill, business interruption, personal injury, illness, or death, arising out of or related to your use of or inability to use the Service, even if PHITER has been advised of the possibility of such damages.

PHITER's total aggregate liability arising out of or related to these terms or the Service will not exceed the greater of (a) the amount you paid PHITER in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such law applies, the limitations above apply only to the maximum extent permitted.

13.Indemnification

You agree to defend, indemnify, and hold harmless PHITER and its founders, employees, contractors, affiliates, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (i) your use of the Service, (ii) your violation of these Terms, (iii) your violation of any law or third-party right, (iv) Your Content, or (v) any injury or illness you sustain while exercising or following recommendations provided by the Service.

14.Termination

You can cancel your account at any time from settings or by emailing support@phiter.ai.

We may suspend or terminate your account, with or without notice, if we believe you have violated these Terms, created risk to PHITER or other users, or for any reason allowed by law. Upon termination, your right to use the Service ends, and we will delete your data in accordance with the Privacy Policy.

Sections that by their nature should survive termination (including Sections 4, 9, 11, 12, 13, 15, 16) will survive.

15.Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles, except where superseded by mandatory consumer protection laws of your country or state of residence.

16.Disputes & arbitration

16.1 Informal resolution first

Before filing any formal claim, you agree to contact us at legal@phiter.ai and describe the dispute. We will attempt in good faith to resolve it informally within 60 days.

16.2 Binding arbitration (U.S. residents)

If the dispute is not resolved informally, you and PHITER agree to resolve any disputes arising out of or relating to these Terms or the Service through binding individual arbitration, not in court, except as set out below. Arbitration will be administered by JAMS or AAA under their respective consumer rules, and conducted in Delaware (or remotely, by mutual agreement).

16.3 Class action waiver

You and PHITER agree to bring claims only in your individual capacity, not as a plaintiff or class member in any class, consolidated, or representative proceeding. The arbitrator may not consolidate claims of more than one person and may not preside over any form of representative or class proceeding.

16.4 Exceptions

Either party may bring an action in small-claims court for disputes within its jurisdiction. Either party may seek injunctive relief in court to protect intellectual property rights or to prevent unauthorized use of the Service.

16.5 30-day opt-out

You may opt out of the arbitration agreement and class-action waiver in this Section 16 by emailing legal@phiter.ai within 30 days of first creating your account, with subject line "Arbitration Opt-Out." Opting out will not affect the rest of these Terms.

16.6 Outside the U.S.

If you reside outside the U.S., the arbitration provisions above do not apply to the extent prohibited by your local law. Disputes will be brought in the courts having jurisdiction over you, applying these Terms.

17.Changes to these terms

We may update these Terms from time to time. When we make material changes, we will notify you by email and/or by a prominent in-app notice at least 14 days before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance. If you don't agree to the updated Terms, stop using the Service.

18.General

Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and PHITER regarding the Service.
Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
No waiver. Our failure to enforce any provision is not a waiver of that provision.
Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure. Neither party is liable for delays or failures caused by events beyond reasonable control.
Notices. We send notices via the email associated with your account. Notices to us must be sent to legal@phiter.ai.

19.Contact

For questions about these Terms:

Email: legal@phiter.ai
Web form: phiter.ai/#contact