Terms of Service

1. Agreement to terms

By downloading, installing, or using the HoupulFit mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the App.

2. Description of service

HoupulFit is a fitness tracking and workout management application that provides:

• Workout planning and tracking tools.
• Exercise libraries and instructional content.
• Progress monitoring and analytics.
• Community features for fitness enthusiasts.
• Gym and fitness facility location services.
• Premium subscription features.

3. User accounts and registration

3.1 Account creation

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the confidentiality of your account credentials.
• You must be at least 13 years old to create an account.
• One person may not maintain multiple accounts.

3.2 Account security

• You are solely responsible for all activities under your account.
• Notify us immediately of any unauthorised access or security breaches.
• We are not liable for losses resulting from unauthorised account access.
• You must use a strong, unique password.

3.3 Account termination

You may terminate your account at any time through the app settings (see Account Deletion). We may terminate accounts for violations of these Terms. Upon termination, your access ceases immediately and some data may be retained as required by law or for legitimate business purposes.

4. Acceptable use policy

4.1 Permitted uses

• Personal fitness tracking and workout management.
• Accessing exercise information and tutorials.
• Participating in community discussions following community guidelines.
• Finding nearby gyms and fitness facilities.

4.2 Prohibited uses

You may not use HoupulFit to:

• Violate any applicable laws or regulations.
• Impersonate others or provide false information.
• Upload malicious software or harmful content.
• Harass, abuse, or harm other users.
• Attempt to gain unauthorised access to our systems.
• Use the service for commercial purposes without authorisation.
• Share inappropriate, offensive, or illegal content.
• Interfere with the normal operation of the service.

4.3 Community guidelines

• Be respectful and supportive of other users.
• Keep content relevant to fitness and health topics.
• Do not share personal contact information publicly.
• Report inappropriate behaviour to our moderation team.
• Respect the intellectual-property rights of others.

5. Subscription and payment terms

5.1 Subscription plans

• HoupulFit offers free and paid subscription tiers (Plus and Pro).
• Subscription prices are displayed clearly before purchase.
• Pricing may vary by region and platform.

5.2 Payment processing

• Payments are processed by Stripe. We do not receive or store your full payment-card details.
• Subscriptions automatically renew for successive periods of the same length (monthly or annual) unless cancelled before the renewal date.
• You authorise Stripe to charge your saved payment method for each renewal.
• All fees are non-refundable except where required by law (including the NZ Consumer Guarantees Act 1993 and, if applicable, the Australian Consumer Law).

5.3 Cancellation and refunds

• You may cancel your subscription at any time through Settings → Subscription.
• Cancellation takes effect at the end of the current billing period; no further charges will be made.
• No pro-rata refunds are provided for partial billing periods.
• Free trial: if a free trial applies, the trial automatically converts to a paid subscription on the date shown at checkout unless you cancel before that date. Cancelling during the trial ends access to Plus/Pro features immediately and prevents any charge.

5.4 Price changes

We may change subscription prices with 30 days advance notice. Existing subscribers will be notified by email. Price changes take effect at your next renewal date and you may cancel if you disagree.

6. Intellectual-property rights

6.1 Our content

All app content, including text, graphics, logos, and software, is owned by HOUSE PULSE LIMITED. Exercise descriptions, workout plans, and educational content are protected by copyright. You may not copy, distribute, or create derivative works without permission.

6.2 User-generated content

You retain ownership of content you create and share. By sharing, you grant us a licence to use, display, and distribute it within the service. You represent that your content does not infringe on others' rights. We may remove content that violates these Terms.

6.3 Third-party content

The app may include content from third-party sources subject to its own licensing terms. We are not responsible for the accuracy or availability of third-party content.

7. Privacy and data protection

Our Privacy Policy governs the collection and use of your personal information and is incorporated into these Terms by reference. We implement reasonable security measures, but no system is completely secure; you are responsible for maintaining secure account credentials.

8. Disclaimers and limitations

8.1 Health and medical disclaimers

• HoupulFit is for informational and educational purposes only.
• The app is not intended to diagnose, treat, cure, or prevent any medical condition.
• Always consult with healthcare professionals before starting any fitness program.
• We are not responsible for injuries or health issues resulting from app use.

8.2 Service availability

We strive to maintain high availability but cannot guarantee uninterrupted access. Service may be temporarily unavailable for maintenance, updates, or technical issues, and we are not liable for losses resulting from interruptions.

8.3 Accuracy of information

We make reasonable efforts to ensure content accuracy but cannot guarantee it. Exercise instructions and fitness information are general guidance only.

9. Limitation of liability

10. Indemnification

You agree to indemnify and hold harmless HOUSE PULSE LIMITED, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the service, your violation of these Terms or third-party rights, or your user-generated content.

11. Dispute resolution

11.1 Governing law

These Terms are governed by the laws of New Zealand, without regard to conflict-of-law principles.

11.2 Jurisdiction

Any disputes arising from these Terms will be resolved in the courts of New Zealand.

11.3 Mediation

Before pursuing legal action, parties agree to attempt resolution through good-faith mediation.

12. Modifications to terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through email or in-app notifications. Continued use of the service after changes constitutes acceptance of the new Terms; you may terminate your account if you disagree.

13. Termination

You may terminate your account at any time. We may terminate access for violation of these Terms, fraudulent or illegal activity, extended periods of inactivity, or at our sole discretion with reasonable notice. Upon termination, access ceases immediately and some data may be retained as required by law.

14. Miscellaneous

• Entire agreement: these Terms, together with our Privacy Policy, constitute the entire agreement.
• Severability: if any provision is unenforceable, the remaining provisions will remain in full force.
• Waiver: our failure to enforce any provision does not constitute a waiver.
• Assignment: you may not assign your rights; we may assign ours without notice.
• Force majeure: we are not liable for delays or failures due to circumstances beyond our reasonable control.

15. Contact

• Email: support@housepulse.org
• Subject line: "Terms of Service Inquiry"
• Response time: within 48 hours.

HOUSE PULSE LIMITED · Auckland, New Zealand · NZ Company 9304370 · NZBN 9429052554209

By using HoupulFit, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.