1. Definitions

• "ObtAIn Fitness," "we," "us," "our" — ObtAIn Fitness Inc., a Canadian corporation.
• "Services" — The ObtAIn Fitness mobile app, website (obtain.tech), AI coaching, connected hardware (rings, scales, bands), and all related features.
• "User," "you," "your" — Any individual who accesses or uses our Services.
• "Content" — All text, images, videos, audio, data, and other materials available through our Services.
• "AI Content" — Content generated, modified, or presented by artificial intelligence, including but not limited to AI coach personas (Jax, Lucy, Leo, Sofia, Kai, and others).
• "Device Data" — Biometric and activity data collected from ObtAIn hardware or third-party connected devices.

2. Eligibility

You must be at least 16 years old to create an account and use our Services. Users aged 16–18 must have verifiable parental or guardian consent. By creating an account, you represent that you meet these requirements.

Our Services are designed for general fitness and wellness. They are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider for medical conditions.

3. Account Registration & Security

• You must provide accurate, current, and complete information during registration.
• You are responsible for maintaining the confidentiality of your account credentials.
• You agree to notify us immediately of any unauthorized access or security breach.
• We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

4. AI-Generated Content Disclosure

By using our Services, you acknowledge and accept that:

• AI-generated content may not always be perfect, complete, or applicable to your specific situation.
• You will not rely solely on AI-generated advice for medical decisions.
• We continuously improve our AI, and content may evolve over time.

5. Subscriptions, Billing & Cancellation

Note: As of August 2026, ObtAIn Fitness is in pre-launch phase and is not yet accepting payments. This section will take full effect upon launch of paid subscriptions.

5.1 Subscription Tiers

We offer multiple subscription tiers (Free, Pro, Premium). Features and pricing are described on our website and may change with 30 days' notice.

5.2 Billing

• Subscriptions automatically renew at the end of each billing period unless cancelled.
• Payment is processed through Stripe or PayPal. We do not store your full credit card information.
• All prices are in USD unless otherwise stated. You are responsible for any applicable taxes.

5.3 Cancellation — "Click to Cancel"

• Cancel anytime via Settings → Subscription → Cancel in the app or website.
• Cancellation takes effect at the end of your current billing period.
• No refunds for partial billing periods unless required by law.
• We may offer one optional retention discount before finalizing cancellation.

5.4 Price Changes

We may change subscription prices with 30 days' advance notice. If you are a Founding Member or Early Bird subscriber with a locked price, your rate is guaranteed for the duration specified at signup.

6. Hardware & Devices

6.1 ObtAIn Ring, Scale & Bands

• Hardware is provided under the terms described at purchase (warranty, return policy).
• Device data syncs to your account via Bluetooth. You control which devices are connected.
• We do not guarantee compatibility with all third-party devices.

6.2 Hotel Partnership Devices

If you receive an ObtAIn ring through a hotel partnership:

• The device is linked to your account for the duration of your stay and any trial period.
• You may keep the device, return it, or purchase it at the end of the trial.
• Data collected via hotel-provided devices is subject to this Terms of Service and our Privacy Policy.

7. User Conduct

You agree not to:

• Use our Services for any illegal purpose or in violation of any local, state, national, or international law.
• Attempt to reverse-engineer, decompile, or hack our software, AI models, or hardware.
• Upload viruses, malware, or other harmful code.
• Impersonate another person or misrepresent your identity.
• Share account credentials or allow others to access your account.
• Manipulate the Summit Draw, Easter Egg Hunt, or any gamification feature through automated means or multiple accounts.
• Harass, abuse, or harm other users or our staff.

Violation of these rules may result in immediate account termination and forfeiture of any earned rewards or prizes.

8. Intellectual Property

• All content, software, designs, logos, and trademarks on our Services are owned by ObtAIn Fitness or licensed to us.
• The ObtAIn logo, "Obtain Health. Give Health.," "Game Ready Score," and AI persona names are trademarks of ObtAIn Fitness.
• You retain ownership of your personal data. We retain ownership of aggregated, anonymized analytics derived from your data.
• You may not use our trademarks or content without prior written permission.

9. Health Disclaimer & Medical Advice

• Our emergency alert feature (if enabled) is a supplementary tool, not a replacement for professional medical monitoring.
• If your device detects abnormal readings, seek medical attention. Do not rely solely on app alerts.
• We are not liable for any health outcomes resulting from your use of our Services.

10. Limitation of Liability

To the maximum extent permitted by law:

• ObtAIn Fitness and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
• Our total liability for any claim arising from these Terms shall not exceed the amount you paid to us in the 12 months preceding the claim, or $100 CAD if you are a free user.
• We do not guarantee uninterrupted, secure, or error-free service. Biometric data accuracy depends on device placement, skin conditions, and other factors beyond our control.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so the above may not fully apply to you.

11. Indemnification

You agree to indemnify and hold harmless ObtAIn Fitness from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.

12. Dispute Resolution

12.1 Informal Resolution

Before filing any formal claim, you agree to contact us at support@obtain.tech and attempt to resolve the dispute informally for at least 30 days.

12.2 Arbitration (for US & International Users)

Any dispute arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will be conducted in English in Toronto, Ontario, Canada, unless both parties agree to a different location.

12.3 Class Action Waiver

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

12.4 Canadian Users

For users in Canada, disputes may alternatively be resolved through the courts of Ontario, which shall have exclusive jurisdiction.

13. Termination

We may suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or legal requirements. Upon termination:

• Your right to use the Services immediately ceases.
• We may delete your account data in accordance with our Privacy Policy.
• Provisions regarding intellectual property, liability, indemnification, and dispute resolution survive termination.

14. Changes to These Terms

We may update these Terms as our Services evolve. Material changes require at least 30 days' notice via email and in-app notification. Your continued use after the effective date constitutes acceptance. If you do not agree to changes, you must stop using the Services and delete your account.

15. Governing Law

These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

17. Contact Us

For questions about these Terms:

• Email: legal@obtain.tech
• Support: support@obtain.tech
• Mail: [Your Canadian Business Address]