These Terms of Service ("Terms") form an agreement between you and Kode Pro LLC, a Utah limited liability company doing business as Kode Fit ("Kode Fit," "we," "us," "our"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
You must be at least 13 years old to use the Service if your gym permits members under 18, and at least 18 years old otherwise. If you are between 13 and 17, your parent or legal guardian must agree to these Terms on your behalf and is responsible for your use of the Service. By using the Service, you represent that you meet these requirements.
Coach accounts are created by your partner gym. Member accounts are created by your gym or by you when invited by your gym. You are responsible for keeping your account credentials confidential and for any activity in your account. Notify us at [email protected] if you suspect unauthorized access.
Kode Fit operates a white-labeled fitness platform. Each partner gym's iOS app uses the gym's branding, while the underlying technology, hosting, and operations are provided by Kode Fit (Kode Pro LLC). The Service includes the marketing site, the coach dashboard, and the gym-branded iOS apps.
You may not, and may not permit anyone else to:
You own the content you create in the Service — your messages, photos, logs, and notes. By uploading or creating content, you grant Kode Fit a non-exclusive, royalty-free, worldwide license to host, display, transmit, and back up the content for the sole purpose of operating the Service. The license terminates when the content is deleted, except as needed for our backups (which are purged on the schedule described in our Privacy Policy).
The dashboard provides coaches with AI-generated reply drafts. These drafts are suggestions only. The coach reads, edits, and chooses whether to send each draft. Kode Fit does not guarantee the accuracy, appropriateness, or completeness of AI-generated suggestions. Final responsibility for any sent message rests with the coach who sends it.
The Service provides fitness tracking and coaching tools. It is not a medical device and does not provide medical advice, diagnosis, or treatment. Consult a physician before starting or changing any exercise or nutrition program. Coaches using the Service are not your physicians, and their guidance is not a substitute for medical advice. If you experience symptoms of injury or illness, contact a qualified healthcare provider.
The Service connects with third-party services, including Apple HealthKit and (for some gyms) Trainerize. Your use of those services is governed by their own terms and privacy policies. Kode Fit is not responsible for third-party services.
The Service is currently offered free of charge during private beta. We may introduce paid plans in the future; if we do, we will notify active users at least 30 days before any fees take effect. You owe no fees prior to that notice.
Kode Fit owns all intellectual property in the Service, including the platform code, designs, and content (other than user-generated content). Partner gyms own their own trademarks and brand assets, which they license to Kode Fit for display within their gym-branded iOS app. You may not use Kode Fit's or any partner gym's trademarks or branding without prior written permission.
You may stop using the Service at any time and request deletion of your account at any time. Kode Fit may suspend or terminate your access to the Service if we reasonably believe you have violated these Terms or if doing so is necessary to protect Kode Fit or other users. On termination, we delete your data on the schedule described in our Privacy Policy. Sections of these Terms that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — survive.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, KODE FIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KODE FIT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, KODE FIT'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS IS CAPPED AT THE GREATER OF (a) THE TOTAL FEES PAID TO KODE FIT IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS ($100). KODE FIT IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
This cap does not apply to liability for gross negligence, willful misconduct, or amounts that cannot be excluded by applicable law.
You will indemnify and hold harmless Kode Fit, its members, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from your misuse of the Service, your violation of these Terms, or content you upload that violates third-party rights.
These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws principles. Any dispute arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Utah County, Utah, and both parties consent to that venue.
We may update these Terms from time to time. If we make material changes, we will post a notice in the Service and email active users at least 30 days before the change takes effect. Previous versions remain available at kodefit.com/terms/v1 and similar URLs. Continued use of the Service after the change takes effect means you accept the new Terms.
Questions about these Terms? Email us at [email protected] or write to us at:
Kode Pro LLC