Fitness Visuals Terms of Service

Version 1.0

These Terms of Service (“Terms”) govern your access to and use of the Fitness Visuals website and services (the “Service”), operated by Jorge Gonzales (“Fitness Visuals,” “we,” “us,” or “our”). Please read them carefully. By creating an account or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, purchasing a pack, or otherwise using the Service, you confirm that you are at least 18 years old, that you have the legal authority to enter into these Terms, and that you agree to be bound by them. If you do not agree, do not use the Service.

2. Description of the Service

Fitness Visuals is an online storefront that sells digital fitness assets — including images, videos, interactive animations, and structured metadata — to software developers for use in fitness applications, websites, and other digital products. Use of purchased assets is additionally governed by our License Terms, which you accept at checkout.

3. Account Registration

To access certain features of the Service, you must create an account. You agree to (a) provide accurate, current, and complete information during registration; (b) maintain the security of your password and account credentials; and (c) promptly notify us of any unauthorized access or suspected breach. You are responsible for all activity that occurs under your account.

4. License to Use the Site

Subject to your compliance with these Terms, Fitness Visuals grants you a limited, personal, revocable, non-exclusive, and non-transferable license to access and use the Service for its intended purpose. This site license is distinct from the license that governs your use of purchased assets, which is described in the License Terms and granted only upon successful purchase.

5. Informational Purpose & Fitness Disclaimer

Please read this section carefully. It limits our liability and shifts responsibility for safe exercise use to you and, where applicable, your end users.

The images, videos, animations, metadata, and other content offered through Fitness Visuals (collectively, the “Content”) are provided for illustrative, informational, and reference purposes only. Fitness Visuals is not a medical provider, licensed physical therapist, certified personal trainer, or certified fitness professional. Nothing on the Service constitutes medical advice, fitness advice, physical-therapy advice, diagnosis, or treatment, and nothing in the Content should be relied upon as such.

Exercises, techniques, positions, movements, and form depicted in the Content may not be safe, effective, or appropriate for every individual, every body type, every fitness level, or every medical condition. Variations in demonstration, editing, camera angle, and individual anatomy mean that any given depiction may not reflect correct form for a particular person or circumstance. You must independently evaluate whether any depicted technique is appropriate before relying on it.

If you purchase a pack and incorporate our Content into an application, website, or digital product that you distribute to end users, you are solely responsible for reviewing the Content before including it and for providing appropriate medical, fitness, and safety disclaimers to your end users. Your end users — and you, to the extent you personally use the Content — should consult a qualified healthcare or fitness professional before beginning, modifying, or continuing any exercise program, particularly if you have any pre-existing medical condition, injury, pregnancy, or other health concern.

TO THE FULLEST EXTENT PERMITTED BY LAW, FITNESS VISUALS IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY, HARM, ILLNESS, DEATH, LOSS, OR DAMAGE — WHETHER PHYSICAL, MENTAL, EMOTIONAL, OR FINANCIAL — ARISING FROM, RELATED TO, OR IN CONNECTION WITH THE USE, ATTEMPTED USE, MISUSE, OR RELIANCE UPON THE CONTENT, WHETHER BY YOU OR BY ANY END USER OF ANY APPLICATION INTO WHICH YOU HAVE INCORPORATED THE CONTENT.

You assume all risk associated with evaluating, using, and incorporating the Content, and you agree that Fitness Visuals shall bear no liability for the form, safety, effectiveness, or outcomes of any exercise depicted in the Content or performed by any person who views it.

6. Intellectual Property

The Service, including its underlying software, design, logos, branding, text, and organization, is owned by Fitness Visuals and is protected by copyright, trademark, and other intellectual property laws. Except for the rights expressly granted in these Terms or the License Terms, no rights are granted to you. The separate license that governs your use of purchased digital assets is set out in the License Terms.

7. Prohibited Conduct

You agree not to:

  • reverse engineer, decompile, or attempt to extract the source code of any part of the Service;
  • scrape, crawl, or use automated means to access or harvest data from the Service;
  • share, resell, or transfer your account credentials to another person;
  • use fraudulent, stolen, or unauthorized payment methods, or attempt to obtain assets without paying;
  • redistribute, resell, sublicense, or otherwise make the purchased assets available to third parties in violation of the License Terms;
  • use the Service to violate any applicable law, regulation, or third-party right;
  • interfere with, disrupt, or probe the security of the Service or any related infrastructure.

8. Payments and Refunds

Payments are processed by Stripe, Inc. By providing payment information, you represent that you are authorized to use the specified payment method. All purchases are subject to the prices displayed at the time of purchase. Pack purchases are one-time charges in U.S. dollars unless otherwise stated.

All sales are final. Because digital downloads are delivered immediately, refunds are not offered once files have been accessed or downloaded.

Limited exceptions, the procedure for requesting a review, and the chargeback policy are described in our Refund Policy.

9. Account Termination

We may suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms, the License Terms, or any applicable law, or if your account creates risk or legal exposure for Fitness Visuals. You may close your account at any time by contacting us. Termination does not entitle you to a refund of prior purchases; however, your underlying ownership of assets validly licensed before termination remains subject to the License Terms, unless those licenses were themselves revoked for cause.

10. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Fitness Visuals does not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service or the servers that make it available are free of viruses or other harmful components.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FITNESS VISUALS, ITS OPERATOR, OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total aggregate liability for any claim arising out of or relating to the Service or these Terms shall not exceed the greater of (a) the total amount you paid to Fitness Visuals in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

12. Indemnification

You agree to defend, indemnify, and hold harmless Fitness Visuals and its operator from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with (a) your access to or use of the Service; (b) your incorporation of the Content into any application, website, or digital product you distribute; (c) any claim by an end user arising from that incorporation; (d) your violation of these Terms or the License Terms; or (e) your violation of any law or third-party right.

13. Governing Law & Venue

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-law principles. The state and federal courts located in Sacramento County, California shall have exclusive jurisdiction over any disputes arising from or relating to these Terms, and you consent to personal jurisdiction in those courts.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the version shown above and, where practical, notify active account holders by email. Your continued use of the Service more than thirty (30) days after notice of a change constitutes acceptance of the revised Terms.

15. Miscellaneous

If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision shall not be deemed a waiver. These Terms, together with the License Terms and Privacy Policy, constitute the entire agreement between you and Fitness Visuals with respect to the Service.

16. Contact

Fitness Visuals is operated by Jorge Gonzales. For questions about these Terms, contact us at fitnessvisualsweb@gmail.com.