TERMS OF USE

Terms of Use for FitnessRec

Welcome to FitnessRec! These Terms of Use ("Terms") govern your access to and use of the FitnessRec website, mobile applications, and related services (collectively, the "Services") provided by PARSREC YAZILIM LIMITED SIRKETI ("we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Last revised: December 2025

1. Acceptance of Terms

By creating an account, accessing, or using FitnessRec, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and PARSREC YAZILIM LIMITED SIRKETI.

2. Eligibility

To use FitnessRec, you must:

• Be at least 13 years of age
• If you are between 13 and 18 years old, have verifiable parental or guardian consent
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using our Services under applicable laws

By using our Services, you represent and warrant that you meet all eligibility requirements.

3. Account Registration and Security

3.1 Account Creation

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Not share your account credentials with any third party
• Notify us immediately of any unauthorized access to your account

3.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Description of Services

FitnessRec provides fitness and nutrition tracking services, including but not limited to:

• Workout logging and exercise tracking
• Nutrition and calorie tracking
• Body measurement and progress tracking
• Integration with health platforms (Apple HealthKit, Google Health Connect, Samsung Health, Fitbit, Garmin)
• Personalized fitness insights and recommendations
• Trainer-client communication features
• Progress analytics and reporting

5. Health and Fitness Disclaimer

IMPORTANT: Please read this section carefully.

FitnessRec is designed to assist with fitness and nutrition tracking. However:

• Not Medical Advice: The Services do not provide medical advice, diagnosis, or treatment. The information provided through FitnessRec is for general informational and educational purposes only.
• Consult Healthcare Professionals: Before starting any fitness program, diet, or making changes to your health routine, consult with a qualified healthcare professional, especially if you have any medical conditions, injuries, or concerns.
• Individual Results Vary: Fitness and nutrition results vary by individual. We do not guarantee any specific results from using our Services.
• Use at Your Own Risk: You acknowledge that physical exercise involves inherent risks. You assume full responsibility for any injuries or damages that may occur during workouts or activities tracked through our Services.
• Accuracy of Data: While we strive for accuracy, nutrition data, calorie calculations, and health metrics are estimates and may not be completely accurate. Do not rely solely on this information for medical decisions.

6. Subscription and Payments

6.1 Free and Premium Services

FitnessRec offers both free and premium subscription tiers. Premium features require a paid subscription.

6.2 Subscription Terms

• Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your selection)
• Your subscription will automatically renew unless you cancel before the renewal date
• Prices are subject to change with reasonable notice

6.3 Payment Processing

Payments are processed through third-party payment providers (Apple App Store, Google Play Store, or Stripe for web). By subscribing, you agree to the payment terms of the applicable platform.

6.4 Cancellation and Refunds

• You may cancel your subscription at any time through your device's app store settings or account settings
• Cancellation will take effect at the end of the current billing period
• Refunds are subject to the policies of the platform through which you subscribed (Apple, Google, or Stripe)
• We do not provide refunds for partial subscription periods

7. User Content and Conduct

7.1 User Content

You may upload, submit, or share content through our Services, including but not limited to profile photos, progress photos, workout logs, and messages ("User Content"). You retain ownership of your User Content, but by submitting it, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process your User Content solely for the purpose of providing and improving our Services.

7.2 Content Standards

You agree not to upload, post, or share content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or offensive
• Infringes on intellectual property rights of others
• Contains viruses, malware, or other harmful code
• Violates the privacy or rights of others
• Is sexually explicit, pornographic, or obscene
• Promotes violence, discrimination, or illegal activities
• Is spam, advertising, or promotional material (unless authorized)
• Impersonates another person or entity

7.3 Content Removal

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, without prior notice.

8. Trainer Services

8.1 Trainer-Client Relationships

FitnessRec allows users to connect with personal trainers, dieticians, or fitness professionals ("Trainers"). If you authorize a Trainer to access your data:

• You are granting that Trainer permission to view your fitness data, progress, and other information you choose to share
• Trainers are independent professionals, not employees or agents of FitnessRec
• We do not verify Trainer credentials, qualifications, or certifications
• Any agreements or payments between you and a Trainer are solely between you and that Trainer

8.2 Trainer Responsibilities

If you are a Trainer using our platform, you agree to:

• Only access client data with explicit authorization
• Maintain confidentiality of client information
• Provide accurate information about your qualifications
• Comply with all applicable laws and professional standards
• Not misuse client data for any unauthorized purpose

8.3 Disclaimer of Liability for Trainer Services

We are not responsible for the quality, accuracy, or appropriateness of any advice, training programs, or services provided by Trainers. Any disputes between users and Trainers must be resolved directly between those parties.

9. Health Data Integrations

9.1 Third-Party Health Platforms

FitnessRec integrates with third-party health platforms including Apple HealthKit, Google Health Connect, Samsung Health, Fitbit, and Garmin. By enabling these integrations:

• You authorize us to access and sync health data from these platforms
• You acknowledge that these integrations are subject to the terms and privacy policies of the respective platforms
• You can revoke access at any time through your device settings or the FitnessRec app

9.2 Data Accuracy

Health data from third-party platforms is provided "as is." We do not guarantee the accuracy or completeness of data synced from external sources.

10. AI-Powered Features

10.1 On-Device and Cloud AI

FitnessRec uses artificial intelligence to provide fitness insights and recommendations:

• On-Device Processing: By default, AI-powered insights are generated locally on your device using on-device algorithms
• Advanced Insights: Optional cloud-based AI features (powered by Google's Gemini) are available with your explicit consent
• No AI Training: Your personal health data is never used to train AI models

10.2 AI Disclaimer

AI-generated insights and recommendations are for informational purposes only. They are not a substitute for professional medical, nutritional, or fitness advice. Always consult qualified professionals before making health-related decisions.

11. Intellectual Property

11.1 Our Intellectual Property

All content, features, and functionality of FitnessRec, including but not limited to text, graphics, logos, icons, images, audio, video, software, and the overall design and appearance of the Services, are owned by PARSREC YAZILIM LIMITED SIRKETI or our licensors and are protected by copyright, trademark, and other intellectual property laws.

11.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial use, subject to these Terms.

11.3 Restrictions

You may not:

• Copy, modify, or distribute our content without permission
• Reverse engineer, decompile, or disassemble any part of our Services
• Use our Services to build a competing product or service
• Remove or alter any proprietary notices or labels
• Use automated systems (bots, scrapers) to access our Services

12. Prohibited Uses

You agree not to use our Services to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Harass, abuse, or harm other users
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our Services
• Transmit viruses, malware, or other malicious code
• Collect or harvest user data without authorization
• Use our Services for any illegal or unauthorized purpose
• Circumvent any security measures or access restrictions

13. Termination

13.1 Termination by You

You may terminate your account at any time by deleting your account through the app settings or by contacting us at support@parsrec.com.

13.2 Termination by Us

We may suspend or terminate your account and access to our Services at any time, with or without cause, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of subscription fees
• Extended periods of inactivity
• Upon your request

13.3 Effect of Termination

Upon termination:

• Your right to access and use our Services will immediately cease
• We may delete your account data in accordance with our Privacy Policy
• Any outstanding payment obligations will remain due
• Provisions that by their nature should survive termination will survive

14. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• The quality of any products, services, information, or other material obtained through the Services will meet your expectations
• Any errors in the Services will be corrected

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARSREC YAZILIM LIMITED SIRKETI, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content
• Any injuries or damages resulting from physical activities tracked through our Services

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

16. Indemnification

You agree to indemnify, defend, and hold harmless PARSREC YAZILIM LIMITED SIRKETI and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Your User Content

17. Dispute Resolution

17.1 Informal Resolution

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

17.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Turkey, without regard to its conflict of law provisions.

17.3 Jurisdiction

Any disputes arising from these Terms or your use of our Services shall be subject to the exclusive jurisdiction of the courts located in Bursa, Turkey.

18. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Posting the updated Terms on our website and within the app
• Updating the "Last revised" date at the top of these Terms
• Sending you a notification through the app or via email

Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PARSREC YAZILIM LIMITED SIRKETI regarding your use of the Services.

19.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

19.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

19.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

20. Contact Information

If you have any questions about these Terms, please contact us at:

PARSREC YAZILIM LIMITED SIRKETI
B BLOK, NO:4/4 ESREF DINCER MAHALLESI OZLEM SOKAK Gemlik
16000 Bursa
Turkey

E-Mail: support@parsrec.com
Managing director: Emre Akkoc
Recorded in the Commercial Register at Gemlik
under number: 5993
VAT ID No.: TR7220928896