Terms of Use

You must be at least 13 years old to use ELVTE. If you are under the age of legal majority where you live, you represent that your parent or legal guardian has reviewed and agreed to these Terms and permitted your use.

You may not use the Service if applicable law prohibits you from doing so or if we previously terminated your account for a serious violation.

You must provide accurate information, keep it current, protect your login credentials, and promptly notify us of suspected unauthorized access. You are responsible for activity occurring through your account unless caused by our failure to use reasonable security.

You may not share, sell, transfer, impersonate, or create an account for another person without authorization.

ELVTE provides general fitness, exercise, nutrition, recovery, and educational information. ELVTE is not a physician, dietitian, physical therapist, healthcare provider, emergency service, or substitute for professional medical advice, diagnosis, or treatment.

Use of ELVTE does not create a patient-provider, therapist, coach-client, fiduciary, or other professional relationship. Recommendations are generated from information you provide and may be inaccurate, incomplete, inappropriate, or unsuitable for your circumstances.

Consult a qualified healthcare professional before beginning or changing exercise, nutrition, supplementation, rehabilitation, or weight-management activities, especially if you are pregnant or postpartum, under 18, older, taking medication, or living with an injury, disability, eating disorder, or medical condition.

ELVTE is not designed for emergencies and does not monitor you in real time. Call emergency services or seek immediate medical care for chest pain, fainting, severe or unusual shortness of breath, signs of stroke, severe allergic reaction, uncontrolled bleeding, sudden weakness, or any other emergency.

Stop an activity and obtain appropriate professional advice if you experience pain, dizziness, numbness, unusual weakness, concerning heart symptoms, or a worsening condition.

Exercise, sports, endurance training, weightlifting, nutrition changes, and use of equipment involve inherent risks, including soreness, falls, overtraining, illness, serious injury, disability, death, and property damage.

You are responsible for assessing your environment, equipment, technique, supervision, recovery, hydration, nutrition, intensity, load, and readiness. Use appropriate safety equipment and do not perform activities beyond your ability.

To the fullest extent permitted by law, you voluntarily assume risks associated with your decisions and participation in activities informed by the Service.

ELVTE may generate training plans, progression suggestions, calorie and macro estimates, endurance sessions, recovery adjustments, pace recommendations, and other outputs using rules, calculations, logged performance, and user-entered information.

Outputs are estimates, not guarantees. You must review each recommendation before acting on it. ELVTE does not guarantee accuracy, completeness, safety, results, or compatibility with your health, schedule, equipment, or goals.

Food, barcode, serving-size, calorie, and nutrient information may come from government databases, manufacturers, users, or other third parties and may contain errors. Packaging and verified manufacturer information should control when they conflict with ELVTE.

ELVTE does not diagnose or treat eating disorders, allergies, metabolic conditions, or nutrient deficiencies. Seek professional advice for therapeutic diets or medical nutrition needs.

Subject to these Terms, ELVTE grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for personal, non-commercial purposes.

No ownership rights are transferred. All rights not expressly granted are reserved.

You may not:

• Use ELVTE for unlawful, fraudulent, or harmful conduct.
• Attempt unauthorized access to accounts, systems, databases, source code, or restricted areas.
• Interfere with security, availability, performance, or proper operation of the Service.
• Introduce malware, automated attacks, excessive requests, or malicious code.
• Scrape, crawl, copy, reproduce, reverse engineer, or extract data or models except where law expressly prevents restriction.
• Resell, sublicense, commercially exploit, or use ELVTE to build a competing product.
• Upload content that violates law, privacy, intellectual property, or another person’s rights.
• Misrepresent ELVTE outputs as medical advice or professional certification.

You retain ownership of information and content you submit. You grant ELVTE a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt, display, and transmit that content only as reasonably necessary to operate, secure, improve, and provide the Service or comply with law.

You represent that you have the rights needed to submit the content and that it is accurate to the best of your knowledge.

You may provide ideas or feedback voluntarily. You grant ELVTE permission to use feedback without restriction or compensation, provided we do not publicly identify you without permission.

Paid features may be offered through recurring subscriptions. Before purchase, ELVTE or the applicable app store or payment provider will display the price, billing frequency, trial or promotional terms, renewal terms, and material restrictions.

Unless stated otherwise, subscriptions automatically renew for the same billing period until canceled. You authorize the applicable payment provider to charge the payment method on file at each renewal.

Taxes may be added where required. Prices may change prospectively after legally required notice.

You may cancel through the same account, app-store, or payment channel used to subscribe. Cancellation stops future renewal charges but generally does not immediately end access for the already-paid billing period.

Unless required by law or expressly stated at purchase, fees are non-refundable and we do not provide prorated refunds for partial billing periods. Purchases through an app store or third-party payment provider are also governed by that provider’s refund rules.

Trials, discounts, promotional pricing, achievement rewards, and reduced-price periods may have additional conditions, eligibility rules, expiration dates, and usage limits. Unless stated otherwise, promotions may not be combined, transferred, or redeemed for cash.

We may correct promotional errors or withdraw promotions where permitted, but will not retroactively change a completed lawful purchase.

ELVTE may rely on or link to authentication, hosting, database, nutrition-data, payment, wearable, device-health, analytics, communication, or other third-party services. We do not control third-party services and are not responsible for their content, availability, security, or practices.

Your use of a third-party service may be governed by separate terms and privacy policies.

The Service, including software, designs, interfaces, branding, text, graphics, training logic, databases, compilations, and other content supplied by ELVTE, is owned by ELVTE or its licensors and protected by intellectual-property laws.

ELVTE names, logos, and related marks may not be used without prior written permission.

Send a notice identifying the copyrighted work, the allegedly infringing material, your contact information, a good-faith statement, an accuracy statement under penalty of perjury, and your physical or electronic signature to support@elvtefitness.com.

We may add, remove, modify, suspend, or discontinue features. ELVTE may experience interruptions, errors, delays, data loss, maintenance, or security events. We do not guarantee continuous availability or preservation of every item of data.

Keep independent copies of information you need to retain.

You may stop using ELVTE at any time and may request account deletion. We may restrict, suspend, or terminate access when reasonably necessary to enforce these Terms, address fraud or security threats, comply with law, prevent harm, or protect the Service.

Sections that by their nature should survive termination will remain effective, including ownership, disclaimers, limitations, indemnity, dispute terms, and accrued payment obligations.

To the fullest extent permitted by law, the Service is provided “as is” and “as available.” ELVTE disclaims all express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and warranties arising from course of dealing or usage of trade.

We do not warrant that ELVTE will be uninterrupted, secure, accurate, error-free, compatible with every device, or produce any particular health, fitness, performance, body-composition, nutrition, employment, or financial outcome.

To the fullest extent permitted by law, ELVTE and its owners, officers, employees, contractors, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, data, goodwill, or opportunity; personal injury or property damage arising from user decisions; or the cost of substitute services.

To the fullest extent permitted by law, the total aggregate liability of ELVTE for all claims arising from or related to the Service will not exceed the greater of one hundred U.S. dollars or the amount you paid ELVTE during the twelve months before the event giving rise to the claim.

Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, these provisions apply only to the maximum extent permitted.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless ELVTE and its owners, officers, employees, contractors, affiliates, licensors, and service providers from claims, liabilities, damages, judgments, losses, and reasonable legal fees arising from your unlawful use of the Service, violation of these Terms, violation of another person’s rights, or content you submit.

This obligation does not apply to the extent a claim results from ELVTE’s own unlawful conduct.

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where mandatory consumer law requires otherwise.

Unless the parties agree otherwise or applicable law requires a different forum, disputes that are not subject to small-claims jurisdiction will be brought exclusively in the state or federal courts serving Brazos County, Texas, and each party consents to personal jurisdiction there.

Before filing a lawsuit, you and ELVTE agree to attempt in good faith to resolve the dispute informally for at least 30 days. Send a written notice describing the issue, relevant account email, requested resolution, and supporting information to support@elvtefitness.com.

This requirement does not prevent either party from seeking emergency injunctive relief or filing an eligible small-claims action.

These Terms do not currently require binding arbitration and do not include a class-action waiver. ELVTE will not add either provision retroactively without legally sufficient notice and any consent required by law.

You may not use or export the Service in violation of U.S. export-control, sanctions, or trade laws. You represent that you are not prohibited from receiving the Service under applicable law.

These Terms and the Privacy Policy form the entire agreement regarding the Service and replace prior discussions concerning the same subject. If a provision is unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain effective.

A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, asset transfer, or by operation of law.

We are not liable for delay or failure caused by events beyond reasonable control, including natural disasters, internet or utility failures, labor disputes, government actions, war, terrorism, epidemics, or third-party infrastructure failures.

Headings are for convenience only. Electronic communications and records satisfy legal writing requirements where permitted.

We may update these Terms as the Service or law changes. We will post updated Terms with a revised effective date. When required, we will provide additional notice or obtain consent before material changes apply.

Continued use after updated Terms become effective constitutes acceptance to the extent permitted by law.

Questions, legal notices, and account-related requests may be sent to:

ELVTE Fitness
Email: support@elvtefitness.com