Effective Date:
These Terms & Conditions (“Terms”) govern your use of the Fizeek app (on iPhone, Apple Watch and Android) and the Fizeek coaching website at fizeekapp.com (together, “Fizeek”), run by Fizeek LLC, a Florida limited liability company (“Fizeek,” “we,” “us”). You agree to these Terms, and to our Privacy Policy, when you tap a sign-up button below the line that links to them. If we ask you to agree to a changed version, you agree by ticking the boxes on that screen. If you do not agree, do not use Fizeek. Section 23 contains an arbitration agreement and a class action waiver, with a way to opt out.
Everyone who uses Fizeek: members who track their own training, clients who work with a coach through Fizeek, and coaches. Sections 09 to 13 add rules for coaching. If you are a coach, you also agree to our Coach Agreement, which controls if it and these Terms disagree about your coaching.
You must be at least 16 years old to create an account and use Fizeek, including to be coached or to pay a coach. If you are located in India, you must be at least 18. If you are 16 or 17, you confirm that you have read these Terms with a parent or legal guardian and that they agree to your use of Fizeek.
Fizeek is not offered in the member states of the European Union, Norway, Iceland, Liechtenstein, Switzerland, the United Kingdom, China, Russia, Brazil, Turkey, Vietnam, Saudi Arabia or South Korea. Do not create an account or use Fizeek if you live in one of those places.
You confirm that you are not located in a country or region under a United States embargo, and that you are not on a United States government list of restricted parties.
Keep your login secure and do not let anyone else use your account. The information you give us must be accurate. You may not impersonate anyone or open an account for someone else without their permission. You are responsible for everything that happens under your account. Tell us at once if you think it has been compromised.
These rules apply to everything you post, send or upload, including posts, comments, profiles, photos, videos, messages, check-ins and anything a coach gives a client. You agree not to post or send:
harassment, bullying, threats or intimidation of anyone;
hate speech, or content that attacks people for their race, ethnicity, nationality, religion, sex, gender, sexual orientation, disability or illness;
sexual content or nudity, including in progress photos, which may show your physique but not nudity;
any content that sexualizes a minor, which we report to the authorities;
content that encourages self-harm, suicide or an eating disorder;
content that promotes or sells steroids, SARMs, prescription drugs without a prescription, or other illegal or controlled substances;
violence, or illegal content of any kind;
spam, scams, phishing or fraudulent products;
content that impersonates another person, brand or organization; or
content you do not have the right to share.
You also agree not to try to reach another person's account, data or private content without permission, not to use Fizeek for anything illegal, and not to reverse-engineer, decompile, scrape or interfere with Fizeek, its security or other people's use of it.
We have no tolerance for objectionable content or abusive users.
You keep ownership of what you create and share on Fizeek, including posts, photos, comments, messages and check-ins. You give Fizeek a non-exclusive, royalty-free, worldwide license to store, display, copy and deliver your content only to run Fizeek, for example to show your posts in other people's feeds, store your messages, or show your check-ins to your coach. The license ends when your content is deleted, except for copies other people kept as Section 19 describes.
We never use your content in advertising or marketing without your separate, explicit permission, which you can withdraw at any time by emailing us. We never sell your content.
You can report a post, comment, profile or message, and block a person, in the app. When you block someone, neither of you sees the other's posts, comments, likes, group chat messages or notifications, neither of you can comment on, like, follow or message the other or add the other to a group, any follow between you ends, and the app hides each of you from the other's search and profile screens.
Every report is emailed to us within about an hour of being filed, with a copy of what the person reporting could see. The person reported is not told who reported them. We review reports and act on them, usually within 24 hours. Depending on how serious a violation is, we may remove content, suspend an account or close it. A suspended account cannot post, comment, like, follow, send messages, create or change groups, vote in polls, send workout invitations or change its profile; it can still sign in, read, delete its own content and delete itself. We do not have to monitor all content, but we may.
We respect copyright and respond to notices under the Digital Millennium Copyright Act (17 U.S.C. 512). Our designated agent is registered with the U.S. Copyright Office:
Jamie Spanier, Fizeek LLC, . Email: privacy@fizeekapp.com. Phone: . Copyright Office registration number: .
Notice. If you believe content on Fizeek infringes your copyright, send our agent a written notice with: your physical or electronic signature; a description of the copyrighted work; where the content you say infringes is in Fizeek, in enough detail for us to find it; your name, address, phone number and email address; a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner. We remove or disable the content and tell the person who posted it.
Counter-notice. If your content was removed and you believe it was removed by mistake or misidentification, send our agent a counter-notice with: your physical or electronic signature; a description of the content and where it was before it was removed; a statement, under penalty of perjury, that you believe in good faith it was removed by mistake or misidentification; your name, address and phone number; and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any district where Fizeek may be found), and that you will accept service of process from the person who sent the notice or their agent. We send your counter-notice to that person and restore the content no less than 10 and no more than 14 business days after we receive it, unless they tell us first that they have filed a court action to stop the infringement.
Repeat infringers. We close the accounts of people who repeatedly infringe.
A notice or counter-notice that knowingly misstates something can make the sender liable for damages.
What it is. Fizeek stays free to use with limits. Fizeek Pro is an optional subscription that removes them.
Price and renewal. Fizeek Pro is sold monthly or yearly through the App Store and Google Play. The price is shown in your local currency on the Fizeek Pro screen before you buy; in the United States it is $4.99 a month or $39.99 a year. Your subscription renews automatically at the same price for the same period, and you are charged at the start of each period, until you cancel. It renews unless you cancel at least 24 hours before the current period ends.
Free trial. If a free trial is offered to you, its length and the price after it are shown before you start. Unless you cancel at least 24 hours before the trial ends, you are charged the subscription price when it ends, and every period after that until you cancel.
Cancelling. Cancel in your Apple ID subscription settings (or, on Android, in Google Play). Cancelling takes effect at the end of the period you paid for, and you keep Fizeek Pro until then. Deleting the app, or deleting your Fizeek account, does not cancel a subscription you bought through Apple or Google.
Refunds. Apple and Google handle payments and refunds for Fizeek Pro under their own policies; ask them for a refund. Nothing in these Terms takes away a right to a refund or to cancel that the law gives you and that cannot be waived.
Coaches use Fizeek to work with their clients: writing training programs, meal plans and supplement plans, assigning check-ins, replying, sending videos and messages, and scheduling calls.
Fizeek is not your coach. A coach is an independent business: not an employee, contractor, agent or representative of Fizeek. Fizeek does not hire, train or supervise coaches, does not check their qualifications, licenses, insurance or background, and is not a party to the arrangement between a coach and a client. Anything a coach says about themselves, including their title, is their own statement. Choose a coach with care.
Coaching is not medical advice. What a coach gives you comes from the coach, not from Fizeek. It is not medical, nutritional or dietetic advice, a diagnosis or a treatment. Tell your coach about any injury, condition, pregnancy or medication, and talk to a qualified healthcare professional before starting a program, a diet or a supplement, and whenever you have a health concern. Section 15 applies to everything a coach gives you.
What your coach sees. To join a coach you tick a box agreeing to share your health and fitness information with them; the words beside the box say what is shared, why, with whom, and how to stop. What they see while you are coached, and what a former coach sees, is set out in our Privacy Policy and Consumer Health Data Privacy Policy. Your coach decides how they use what you share with them, as their own business, and is responsible for that under their own practices and the law.
Paying. If your coach charges, you pay the coach directly, through Stripe, on your coach's own Stripe account. Fizeek does not receive that money and takes no part of it. Before you pay, the payment page and Stripe's checkout show the amount, that it is charged today, how often it renews (or that it does not), that your card is saved, the notice you get of a price change, how to cancel, and that refunds are between you and your coach. You agree to those terms by tapping to pay, and we keep a record of the words you saw. Your card is saved with Stripe so the agreed price can be charged on schedule. The Fizeek app links to the payment page only where the app store allows it, which today means an App Store or Google Play account in the United States; elsewhere, the app shows your payment status only.
Price changes. Your coach can change your price. If they do, we tell you at least 7 days before the new price is first charged, by email, by a notification and in the app, with the new amount, the date and how to cancel. If you do not want the new price, cancel on your payment page before that date and you will not be charged it; you cannot keep coaching at the old price. Fizeek does not let a coach schedule a change that would be charged less than 8 days after they save it. We do not send a separate reminder before a package renews at its usual price.
Ending coaching. You can leave your coach, cancel on your payment page, or your coach can end your coaching. Either way, future charges stop at once, and you both keep access until the end of the period already paid for. A package runs to its end. Coaching with no payment ends at once.
Deleting an account. If either of you deletes their account, payments stop and coaching ends at once. If your coach deletes their account, or otherwise stops coaching you before a period you prepaid is over, the Coach Agreement requires your coach to refund the unused part.
Refunds and disputes. Fizeek does not give refunds for coaching, because the money is paid to your coach, not to Fizeek. Refunds, cancellations and disputes about coaching are between you and your coach, under your coach's own terms, and Stripe's terms apply to the payment itself. Nothing in these Terms takes away a right to a refund or to cancel that the law gives you and that cannot be waived.
If you coach on Fizeek, you also agree to our Coach Agreement. It covers your business and your clients, licensing and the limits of what you may advise, client information, payments through Stripe, refunds, chargebacks and taxes, your coach plan, your content, suspension, and indemnity. You agree to it when you tap a coach sign-up button below the line that links to it.
Coaches take payments through Stripe. Payment processing for coaches is provided by Stripe and is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service. A coach accepts it in Stripe's own onboarding when they set up payments. Coach plans, and what coaches owe for refunds, chargebacks and disputes, are covered by the Coach Agreement.
A coach owns the programs, plans and other content they create. When a coach gives you a program or plan, you may keep using it after your coaching ends, including after your coach deletes their account, for your own personal use only. You may not sell it or share it as your own.
What you send your coach, such as check-in answers, photos and videos, stays yours. You allow your coach to use it only to coach you.
When a coach invites you, Fizeek sends the invitation email for them. A coach may share links to outside websites or products; Fizeek does not endorse them and is not responsible for them.
Instant Add lets you describe, in your own words, what to add to a workout. It sends what you type to Anthropic, an AI company, and the current app and the coaching website ask your permission before the first time it does; an older app version does not ask (our Privacy Policy, Section 10, says what is sent). Do not type names, contact details or medical information into it. AI suggestions can be wrong. Check what it adds before you train, and treat it as a suggestion, not as medical, nutrition or training advice.
Fizeek is a training tool, not a medical or fitness professional, and does not give medical advice, diagnoses or treatment. Talk to a qualified healthcare professional before starting a new program, a diet or a supplement, especially if you have a health condition, injury or pregnancy.
Workouts, templates, shared workouts, AI suggestions and anything a coach gives you are not prescriptions for you. You are responsible for deciding whether any exercise, weight, rep range, training load, diet or supplement is right for you.
Assumption of risk. Exercise, changes to your diet and supplements carry risks, including muscle and joint injury, heart problems, illness and, rarely, death. You understand those risks and choose to take them.
Release. To the fullest extent the law allows, you release Fizeek LLC and its officers, employees and affiliates from claims for injury, illness or loss arising from your training, your diet, your supplements, or anything a coach gives you, including claims based on our ordinary negligence. This release does not cover gross negligence, intentional misconduct, or anything else the law does not allow to be released.
Fizeek is provided “as is” and “as available.” To the fullest extent the law allows, we make no warranties, express or implied, about its reliability, availability, accuracy or fitness for a particular purpose, and do not promise it will be uninterrupted, error-free or free of harmful components. We take reasonable care to prevent data loss but cannot promise there will be none. Some places do not allow some of these exclusions; where that is so, they do not apply to you.
To the fullest extent the law allows, Fizeek LLC and its officers, employees and affiliates are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of data or profits, arising from your use of, or inability to use, Fizeek, under any legal theory. Fizeek is not liable for what any coach or client does, says or provides, for any arrangement between them, or for any payment between them.
Our total liability for all claims about Fizeek is limited to the greater of US$100 or what you paid Fizeek in the 12 months before the event giving rise to the claim.
These limits do not apply to liability that the law does not allow to be limited, such as for gross negligence, intentional misconduct, fraud or, where the law requires, death or personal injury caused by negligence.
You agree to defend and cover Fizeek LLC and its officers, employees and affiliates against any claim by someone else, and the loss and reasonable legal fees that come from it, to the extent it arises from content you share (including a claim that it infringes someone's rights), your breaking these Terms, or your breaking the law or someone else's rights. This does not apply to the extent the claim is caused by our own negligence or misconduct, or where the law does not allow it. Coaches give a wider promise in the Coach Agreement.
You can delete your account at any time in the app, or on the coaching website from Settings (coaches) or your payment page (clients who pay a coach). Deletion is permanent and removes your data as our Delete Your Account page describes. Before anything is deleted, we cancel every coaching payment and coach plan at Stripe. If a cancellation fails, nothing is deleted, you are told, and you can try again or email us. A Fizeek Pro subscription bought through Apple or Google is not cancelled by deleting your account; cancel it in your app store settings.
We may suspend or close an account that breaks these Terms or harms others. We will try to tell you first and give you the reason, but we do not have to for serious or repeated violations or where the law stops us. You can ask us to review the decision by emailing us.
We will tell you at least 30 days before a material change takes effect, in the app or by email. When these Terms change materially, you will be asked to read the updated Terms and agree to them again before you continue using Fizeek. If you do not agree, stop using Fizeek and delete your account. A change does not apply to a dispute that arose before it.
If you got Fizeek from Apple's App Store: these Terms are between you and Fizeek LLC, not Apple, and Apple is not responsible for Fizeek or its content. Your license is to use Fizeek on Apple devices you own or control, as the App Store's Usage Rules allow. Apple has no duty to provide maintenance or support for Fizeek. If Fizeek fails to meet a warranty that applies to it, you may tell Apple, and Apple will refund the price you paid for the app, if any; to the fullest extent the law allows, Apple has no other warranty duty for Fizeek. Fizeek LLC, not Apple, is responsible for handling any claim about Fizeek, including product liability claims, claims that Fizeek fails to meet a legal or regulatory requirement, claims under consumer protection, privacy or similar laws (including about Apple Health), and any claim that Fizeek or your use of it infringes someone's intellectual property, which Fizeek LLC alone will investigate, defend, settle and discharge. You must follow any third-party terms that apply when you use Fizeek, such as your mobile carrier's. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
If you got Fizeek from Google Play, Google's terms for Google Play also apply, and Google is not responsible for Fizeek.
These Terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict of law rules. Any dispute that is not decided by arbitration under Section 23 is decided only by the state courts located in Pinellas County, Florida, or the federal court for the Middle District of Florida, and you and Fizeek agree to their jurisdiction. You may still bring a qualifying claim in small claims court where you live. If you live outside the United States, this does not take away a protection the law where you live gives you and that cannot be waived.
This section contains a binding arbitration agreement and a class action waiver. Please read it carefully. You can opt out of it, as explained below.
Talk to us first. Before starting an arbitration or a court case, you and Fizeek agree to try to resolve the dispute informally for at least 30 days. Send a written description of the dispute to privacy@fizeekapp.com; we will send ours to the email on your account.
Arbitration. To the extent the law allows, you and Fizeek agree that any dispute, claim or controversy arising out of or relating to these Terms or Fizeek will be resolved by binding individual arbitration rather than in court. The exceptions are: (a) either of us may bring an individual claim in small claims court if it qualifies; (b) either of us may ask a court to stop the actual or threatened infringement of intellectual property rights; and (c) a claim for public injunctive relief, where the law does not allow it to be waived, goes to court after the individual arbitration ends.
Rules and fees. The American Arbitration Association (AAA) runs the arbitration under its Consumer Arbitration Rules, and, if 25 or more similar claims are filed by the same or coordinated lawyers, its Mass Arbitration Supplementary Rules. Fees are shared as the AAA Consumer Fee Schedule says: you pay no more than the consumer filing fee it sets, and Fizeek pays the rest of the AAA's fees and the arbitrator's fees. The arbitration is in English, may be held by video or phone or on written submissions, and if it is held in person it is held in the county where you live or in Pinellas County, Florida, as you choose. The arbitrator decides questions about the scope and enforceability of this agreement to arbitrate, except that a court decides whether the class action waiver below is enforceable. The arbitrator's decision is final and binding.
Class action waiver. Disputes are resolved individually. You and Fizeek each waive the right to take part in a class action, class-wide arbitration or other representative proceeding, and no arbitration may be combined with another without everyone's written consent.
Opting out. You can opt out of this arbitration agreement by emailing privacy@fizeekapp.com, with “Arbitration Opt-Out” in the subject and your name and the email on your account in the message, within 30 days after you first agree to these Terms. Opting out does not affect any other part of these Terms.
If this arbitration agreement is found unenforceable as a whole, disputes are decided by the courts named in Section 22.
The Fizeek name, logo, design, exercise library and the rest of Fizeek's own content belong to Fizeek LLC. You may not copy, change, distribute or build on them without our written permission.
Whole agreement. These Terms (including the Community Guidelines in Section 04), the Privacy Policy, the Consumer Health Data Privacy Policy and, for coaches, the Coach Agreement are the whole agreement between you and Fizeek about Fizeek.
Notices. We may send you notices by email, in the app or on the website, and you agree to receive them electronically. Legal notices to us go to privacy@fizeekapp.com and to Fizeek LLC, .
Transfer. You may not transfer these Terms to anyone else. We may transfer them as part of a sale, merger or reorganization of our business, and we will tell you if we do.
No waiver. If we do not enforce a term, we have not given it up.
Severability. If a term is found unenforceable, it is limited or removed only as far as needed, and the rest of these Terms stay in effect.
Survival. Sections 05, 07, 13 and 15 to 25 continue to apply after your account ends.
Events outside our control. We are not liable for a delay or failure caused by events outside our reasonable control, such as an outage at a provider, a natural disaster or a government action.
Feedback. If you send us ideas or feedback, we may use them without paying you or owing you anything.
Other services. Fizeek links to and uses services we do not control, such as Apple Health, Stripe and websites a coach links to. Their own terms apply to them, and we are not responsible for them.
New features. A feature we label as a beta or a preview is provided as it is and may change or stop.
Legal questions, privacy requests and copyright notices: privacy@fizeekapp.com. Everything else, including help with your account: support@fizeekapp.com.