Holmquist FitnessTerms of Service
These Terms of Service ("Terms") are an agreement between you and Holmquist Tech Solutions LLC, a Minnesota limited liability company ("Holmquist", "we", "us"), and govern your use of the Holmquist Fitness web app, website and related services (the "App"). By creating an account or using the App, you agree to these Terms, the Subscription, Free Trial, Cancellation & Refund Policy, and you acknowledge our Privacy Policy, Medical & Fitness Disclaimer and Exercise Risk Acknowledgment. If you don't agree, don't use the App.
1. The App is not medical care
The App provides general fitness, nutrition and wellness information and tools. It is not a medical device or healthcare service, and it does not diagnose, treat, cure or prevent any disease or condition. Neither we nor the App's AI features act as your doctor, physical therapist, registered dietitian or other licensed professional. Read the Medical & Fitness Disclaimer, which is part of these Terms.
2. Eligibility
You must be at least 18 years old and able to form a binding contract to use the App. The App is offered for use in the United States. You may not use the App if you are barred from doing so under applicable law.
3. Your account
- Provide accurate information and keep your password secure. You're responsible for activity under your account.
- Tell us promptly if you believe your account has been accessed without permission.
- One person per account. Accounts may not be shared, sold or transferred.
4. Subscriptions and free trial
New accounts receive a free trial. Continued access after the trial requires a paid subscription, billed through Stripe and renewing automatically until cancelled. Prices, trial terms, cancellation, refunds and what happens after cancellation are described in the Subscription, Free Trial, Cancellation & Refund Policy, which is part of these Terms. We may offer complimentary memberships at our discretion.
5. Your responsibilities and assumption of risk
- Use your own judgment. Consult a qualified healthcare professional before starting or changing an exercise or nutrition program, especially if you have a medical condition, injury, are pregnant or postpartum, or take medication.
- Exercise within your abilities, use proper form and safe equipment, and stop if you feel pain, dizziness, chest discomfort or shortness of breath.
- Check nutrition information against product labels; database values and AI estimates can be wrong.
You understand that exercise and dietary changes involve inherent risks, including injury, and you voluntarily assume those risks to the fullest extent permitted by law, as described in the Exercise Risk Acknowledgment.
6. AI-generated content
Some features use artificial intelligence (currently provided by OpenAI) to generate workout plans, recovery routines, nutrition estimates and coaching responses. AI output:
- is generated automatically, may be inaccurate, incomplete or unsuitable for you, and is not reviewed by a professional before you see it;
- is general information, not medical, nutritional or professional advice, and not personalized clinical guidance;
- does not guarantee any result, including weight change, strength or pain relief.
Don't rely on AI output for medical decisions, and don't use it in place of professional care. We use safeguards, but we can't guarantee they catch every unsafe or incorrect response. Usage limits apply and may change.
7. Nutrition and third-party content
Food information comes from Open Food Facts (a community-edited database, used under the Open Database License), our built-in approximate values, information you enter, and AI estimates. Exercise images come from the public-domain free-exercise-db project. Exercise video links open search results on YouTube, which we don't control or endorse. We don't guarantee the accuracy of third-party content.
8. Acceptable use
You agree not to:
- break the law, or infringe or violate others' rights;
- access another person's account or data, or try to bypass security, rate limits, the paywall or usage limits;
- scrape, reverse engineer or overload the App or its APIs, or use them to build a competing product, except as the law allows;
- use the AI features to generate harmful, unlawful, or misleading content, or to seek dangerous advice;
- upload malware, or content that is unlawful, harassing, or that you don't have the right to share (for example, photos of other people without permission);
- resell or commercially exploit the App without our written permission.
9. Your content
You own the data and content you enter ("Your Content"). You give us a limited license to host, process, transmit and display Your Content only as needed to operate, secure and support the App for you, and as described in the Privacy Policy. You're responsible for Your Content and confirm you have the right to provide it.
10. Our intellectual property
The App, including its design, software, text, logos and the Holmquist Fitness name, belongs to us or our licensors and is protected by law. We grant you a personal, non-exclusive, non-transferable, revocable license to use the App for your own non-commercial fitness purposes under these Terms. Feedback you send may be used by us without obligation to you.
11. Changes, availability and termination
- We may change, add or remove features. If a change materially reduces what paid subscribers receive, we'll tell you in advance by email at least 30 days.
- The App may be unavailable at times (maintenance, outages, third-party failures). Keep your own backups using Download my data if your data is important to you.
- You can stop using the App and delete your account at any time in Settings.
- We may suspend or close accounts that violate these Terms or create risk or legal exposure, with notice where practical. Refunds on termination follow the Subscription Policy.
12. Disclaimer of warranties
To the fullest extent permitted by law, the App and all content, including AI-generated content, are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and that the App will be uninterrupted, error-free or secure. We do not warrant any health, fitness, weight or other result.
13. Limitation of liability
To the fullest extent permitted by law, Holmquist and its owners, employees and contractors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, data or goodwill, arising out of or related to the App or these Terms. Our total liability for all claims relating to the App will not exceed the greater of (a) the amounts you paid us for the App in the 12 months before the event giving rise to the claim, or (b) $50.
Some jurisdictions don't allow certain exclusions or limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that can't be limited by law, such as for gross negligence, willful misconduct, or personal injury caused by our negligence where such limits are prohibited.
14. Indemnity
To the extent permitted by law, you agree to defend and indemnify us against third-party claims arising from your violation of these Terms or misuse of the App.
15. Disputes and governing law
Talk to us first. Before filing a claim, you agree to contact us at support@holmquisttechsolutions.com and try in good faith to resolve the dispute informally for at least 30 days.
Governing law. These Terms are governed by the laws of the State of Minnesota and applicable U.S. federal law, without regard to conflict-of-law rules.
Courts. Any dispute that isn't resolved informally will be decided exclusively by the state or federal courts located in Minnesota, and you and we consent to the personal jurisdiction of those courts.
Nothing here prevents you from bringing an individual claim in small-claims court or reporting a concern to a government agency.
16. Changes to these Terms
We may update these Terms. For material changes, we'll update the version and date and ask you to accept the new Terms in the App before continuing. If you don't agree, you can stop using the App and delete your account.
17. General
These Terms and the policies referenced in them are the entire agreement between you and us about the App. If any provision is unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. Sections that by their nature should survive termination will survive.
18. Contact
Holmquist Tech Solutions LLC
Email: support@holmquisttechsolutions.com