BioVitality, LLC · Effective August 22, 2026 · version 2026-08-22
These Coach Terms of Service (the "Terms") are a binding agreement between BioVitality, LLC ("BioVitality," "we," "us," or "our") and the individual who creates or uses a coach or trainer account ("Coach," "you," or "your"). These Terms govern your access to and use of BioVitality's websites, mobile applications, software, content, payment features, and related services (collectively, the "Services").
The Services may also be subject to our Privacy Policy and any product-specific terms presented to you. Athletes are governed by separate athlete terms. A clinic or other organization that purchases or sponsors a Coach seat may be governed by a separate clinic agreement. If documents conflict, the more specific document controls only with respect to its specific subject matter.
1.1 Individual account. A Coach account is issued to an individual, not to a business entity, unless an applicable clinic agreement expressly provides otherwise. You may use a business name in your profile, but the individual account holder remains responsible for the account and compliance with these Terms.
1.2 Eligibility. You must be at least 18 years old, legally capable of entering into a binding contract, located in the United States, and permitted by applicable law to provide the coaching services you offer. You represent that all registration information you provide is accurate, current, and complete.
1.3 Authority. If you use the Services on behalf of a clinic or other organization, you represent that you are authorized to bind yourself to these Terms and to comply with any applicable clinic agreement.
2.1 Registration and roles. Coach registration is self-service unless BioVitality provides another enrollment method. Each login is assigned one role. A person who acts in more than one role, such as Coach and clinic administrator, must maintain a separate login and email address for each role.
2.2 Account security. You must keep your credentials confidential, use reasonable safeguards, and promptly notify us at admin@biovitality.ai of suspected unauthorized access. You are responsible for activity under your account to the extent permitted by law, including actions taken by anyone you authorize to use it. You may not share, sell, transfer, or sublicense your login.
2.3 Communications. You consent to receive electronic notices about the Services and these Terms at the email address associated with your account. Transactional and legal notices are not marketing communications and may be sent even if you opt out of marketing.
3.1 Independent relationship. BioVitality provides software that helps Coaches and athletes communicate, plan, schedule, record, and pay for coaching. BioVitality is not a party to the coaching relationship or any agreement between you and an athlete. You independently decide whom to coach, what services and programming to provide, what to charge, and whether a session proceeds.
3.2 No employment or agency. You are an independent user of the Services. These Terms do not create an employment, partnership, joint venture, franchise, fiduciary, or agency relationship between you and BioVitality. You have no authority to bind BioVitality or make representations on our behalf.
3.3 Professional responsibility. You are solely responsible for your coaching services, programming, communications, scheduling, pricing, credentials, insurance, taxes, recordkeeping, and compliance with all laws and professional standards applicable to you. You must make independent judgments about whether a program or activity is appropriate for an athlete and must obtain all consents, waivers, and information required for your services.
3.4 Not medical care. BioVitality is not a healthcare provider, medical practice, or emergency service, and the Services do not provide medical advice, diagnosis, or treatment. You may not use the Services to practice medicine or another licensed healthcare profession unless you are properly licensed and your use is lawful. You must direct athletes to qualified healthcare professionals when medical evaluation or treatment may be appropriate and instruct them to contact emergency services for emergencies.
3.5 No endorsement or supervision. BioVitality does not employ, credential, supervise, control, recommend, or endorse Coaches and does not guarantee any Coach's services, results, availability, safety, or qualifications. You are responsible for injuries, losses, claims, and disputes arising from your coaching services or your relationship with an athlete, except to the extent caused by BioVitality's own conduct and not lawfully disclaimed under these Terms.
4.1 Your content. As between you and BioVitality, you retain ownership of original exercises, workouts, sections, programs, notes, media, and other materials you create and submit through the Services ("Coach Content").
4.2 License to BioVitality. You grant BioVitality a worldwide, non-exclusive, royalty-free license to host, store, reproduce, format, transmit, display, and otherwise use Coach Content solely as reasonably necessary to operate, secure, maintain, improve, and provide the Services; make Coach Content available to athletes and authorized users you designate; comply with law; and enforce these Terms. This license lasts while the Coach Content is stored in the Services and for a reasonable backup, legal, or security retention period afterward.
4.3 Your assurances. You represent that you own or have all rights and permissions necessary for Coach Content and for the license granted above, and that Coach Content and our permitted use of it do not violate any law or third-party right. You must not upload content that is unlawful, infringing, deceptive, malicious, or subject to confidentiality restrictions that prohibit its use in the Services.
4.4 BioVitality materials. The Services, including BioVitality's master exercise and programming library, software, interfaces, branding, designs, documentation, and other materials supplied by BioVitality, are owned by BioVitality or its licensors and are protected by intellectual-property laws. Subject to these Terms, BioVitality grants you a limited, revocable, non-exclusive, non-transferable license to use those materials within the Services for your own lawful coaching activities. A customized copy of a master-library item is treated as a record in your account, but BioVitality retains ownership of the underlying master item and platform elements.
4.5 Feedback. If you voluntarily provide suggestions or feedback about the Services, you grant BioVitality a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation, provided we do not identify you publicly without permission.
5.1 Authorized access only. You may access an athlete's information only after the athlete accepts or establishes a coaching relationship with you through the Services. You may use that information only to provide coaching to that athlete and for directly related administrative purposes.
5.2 Restrictions. You may not sell, rent, disclose, export in bulk, scrape, profile for unrelated purposes, advertise against, or otherwise repurpose athlete information. You may disclose it only to the athlete, to personnel who are legally authorized and need it to support your coaching, when the athlete directs or consents, or when law requires. You remain responsible for any copy you export or store outside the Services.
5.3 Safeguards and incidents. You must apply reasonable administrative, technical, and physical safeguards to athlete information, follow applicable privacy and data-security laws, and promptly notify BioVitality of suspected loss, misuse, or unauthorized access involving the Services or athlete information. You must cooperate in investigating and remediating an incident.
5.4 End of access. Your access to an athlete's information ends when the coaching relationship ends, except for records that the Services continue to make available for lawful recordkeeping. You must stop using the information for coaching and securely delete or return external copies when no longer lawfully needed.
5.5 Regulated information. You may not use the Services in a manner that would require BioVitality to act as your business associate under the Health Insurance Portability and Accountability Act unless BioVitality has signed a business associate agreement with the relevant covered entity. You are responsible for determining whether that law or any other professional privacy obligation applies to your activities.
5.6 BioVitality privacy practices. Our Privacy Policy describes the information BioVitality collects, how it is used and disclosed, and the choices available to users. These Terms do not authorize you to make promises about BioVitality's privacy or security practices beyond our published policies and written agreements.
6.1 Website purchases. Coach plans are purchased through BioVitality's website and are not sold through the mobile applications. Prices, included features, athlete or usage limits, billing periods, and taxes are shown at checkout or in your account.
6.2 Recurring charges. A paid subscription renews automatically for successive periods of the same length until canceled. You authorize BioVitality and its payment processor to charge the payment method on file for subscription fees, applicable taxes, and disclosed charges on each renewal date. If payment fails, we may retry the charge, restrict features, or suspend the subscription.
6.3 Free trial. Unless we state otherwise in writing, each person may receive only one free trial. We may determine eligibility, require a payment method, and end or modify trial offers to prevent abuse. If checkout states that a trial converts to a paid plan, the subscription will begin and the payment method will be charged when the trial ends unless canceled beforehand.
6.4 Cancellation. You may cancel a Coach subscription through the account settings on the website or by contacting admin@biovitality.ai. Cancellation takes effect at the end of the current paid billing period unless law requires otherwise. Except where required by law or expressly stated at purchase, subscription fees are nonrefundable and BioVitality does not provide credits for partial periods.
6.5 Lapsed subscription. When a subscription expires or is canceled, you retain access to records previously created in your account, but you may not create new records or use paid features. BioVitality may apply reasonable technical, security, legal, and retention limits, and your continued access remains subject to these Terms.
6.6 Taxes. Fees exclude taxes unless stated otherwise. You are responsible for taxes associated with your purchase or coaching business, except taxes imposed on BioVitality's net income. We may collect taxes when legally required.
7.1 Coach receives session revenue. When an athlete pays for a coaching session through the Services, the session revenue belongs to you. BioVitality does not take a platform commission or platform fee from session payments and does not hold session funds for you.
7.2 Stripe Connect. Session payments are processed through Stripe Connect. You must create and maintain your own eligible Stripe connected account and agree to Stripe's applicable agreements and policies. Stripe, not BioVitality, collects required identity, banking, and tax information; processes payments; determines and deducts its fees; issues applicable tax reporting; and pays funds to your designated account. BioVitality is not responsible for Stripe's services, holds, reserves, payout timing, account decisions, or fees.
7.3 Merchant responsibility. You are the provider and seller of your coaching services and are responsible for the accuracy of session descriptions and prices, fulfillment, receipts, customer service, refunds, disputes, chargebacks, taxes, and compliance with payment-network rules and applicable law.
7.4 Booking policy controls. The cancellation and refund policy displayed to and accepted by the athlete when a session is booked is incorporated into that booking and governs it. A later change to your settings does not change the policy for an existing booking. You must honor the policy recorded for each booking and may provide a more favorable outcome to the athlete at your discretion.
7.5 Coach cancellation. If you cancel a session, do not appear, or cannot provide the booked service, you must issue the athlete a full refund of the session price regardless of the cancellation policy. This obligation does not limit any additional remedy required by law.
7.6 Refund processing cost. Stripe generally does not return the processing fee charged on the original transaction when a session payment is refunded. As a result, you bear the unrecovered processing fee in addition to returning the applicable session amount. BioVitality does not charge a separate refund fee. Stripe's actual fees and refund treatment are governed by your Stripe agreement and may vary by payment method or pricing arrangement.
7.7 Disputes and negative balances. You authorize Stripe and, where applicable, BioVitality to process refunds, reversals, disputes, and chargebacks associated with your sessions and to debit amounts from your Stripe balance or other permitted payment source. You must promptly provide requested records and remain responsible for negative balances and related fees attributable to your transactions.
8.1 Limited clinic visibility. If a clinic pays for or sponsors your Coach seat, the clinic may receive roster and account-administration metadata, such as your name, email address, seat status, plan status, dates of access, and aggregate usage counts. Unless an athlete separately authorizes the clinic or another Coach to access the athlete's content, the clinic may not access athlete communications, notes, programs, measurements, session details, or other athlete-level content merely because it pays for your seat.
8.2 Your athlete relationships. Ending or changing a clinic affiliation does not by itself end your coaching relationships or transfer your athletes to the clinic. Athlete access continues according to athlete choices, these Terms, and applicable law.
8.3 Billing responsibility. While a clinic-sponsored seat is active, the clinic is responsible for the subscription charge specified in its agreement. A change in payer takes effect on the date shown in the Services or in written notice. After that date, you must purchase your own plan to retain paid features unless another sponsor assumes payment.
8.4 Clinic agreement. The clinic's agreement may establish additional administrative rights and restrictions for clinic-sponsored accounts. It does not authorize the clinic to control your independent coaching judgment or view athlete content beyond the permissions described above.
You must use the Services lawfully and professionally. You may not, directly or indirectly:
9.1 impersonate another person, misrepresent credentials or affiliations, create accounts through false information, or allow another person to use your account;
9.2 harass, threaten, exploit, discriminate against, stalk, or abuse any person, or use the Services for sexual, violent, hateful, fraudulent, or unlawful conduct;
9.3 upload malware or content you do not have the right to use, or infringe privacy, publicity, confidentiality, intellectual-property, or other rights;
9.4 use the Services to diagnose, treat, prescribe for, or otherwise practice medicine or another regulated profession without all required licenses, permissions, and appropriate professional judgment;
9.5 scrape, crawl, harvest, copy at scale, resell, sublicense, frame, mirror, or commercially exploit the Services, BioVitality materials, account access, or athlete information except as expressly permitted;
9.6 reverse engineer, decompile, bypass access or security controls, probe vulnerabilities, interfere with the Services, overload systems, or help another person do so;
9.7 use automated means to access the Services except through interfaces BioVitality expressly provides, or use the Services or their outputs to build or train a competing product without written permission; or
9.8 circumvent fees, limits, suspension, or eligibility requirements, or use the Services in a manner that creates legal, security, operational, or reputational risk for BioVitality or others.
10.1 Your right to end use. You may stop using the Services and close your account at any time through available account controls or by contacting admin@biovitality.ai. Closing an account does not cancel amounts already due, refund prior charges, or eliminate obligations that arose before closure.
10.2 Suspension or termination by BioVitality. We may restrict, suspend, or terminate access, remove content, or take protective measures if we reasonably believe that you violated these Terms or law; created risk or possible harm; failed to pay; used the Services fraudulently; compromised security; subjected BioVitality or others to liability; or if doing so is necessary to protect the Services. When practical, we will provide notice and an opportunity to cure, but we may act immediately where risk, law, or security requires.
10.3 Effect on athletes and content. Account termination ends your ability to coach through the Services and may end athlete access to materials available only through your active relationship. Athletes retain control of their own accounts and information. Subject to law, security, and our retention practices, we may provide a reasonable opportunity to retrieve Coach Content before deletion, except where access is restricted for legal, safety, privacy, or security reasons.
10.4 Retention and deletion. After closure, BioVitality may retain information for backup integrity, fraud prevention, dispute resolution, tax and accounting, enforcement, legal compliance, and other legitimate business purposes, and may retain deidentified or aggregated information that cannot reasonably identify an individual. Deletion requests are handled under our Privacy Policy and applicable law.
10.5 Survival. Provisions that by their nature should survive termination will survive, including ownership, licenses needed for retained copies, payment obligations, confidentiality and privacy duties, disclaimers, limitations of liability, indemnification, dispute resolution, and general terms.
11.1 Service changes. We may add, change, suspend, or discontinue features and may perform maintenance. We do not guarantee that any feature or integration will remain available. We will use commercially reasonable efforts to avoid material disruption when practical.
11.2 Disclaimer of warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." BIOVITALITY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, RELIABILITY, AVAILABILITY, AND RESULTS. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT DATA WILL NEVER BE LOST.
11.3 Coaching and health disclaimer. BIOVITALITY DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR ANY COACH, ATHLETE, PROGRAM, SESSION, COMMUNICATION, HEALTH OUTCOME, ATHLETIC RESULT, INJURY, OR USER CONTENT. INFORMATION AVAILABLE THROUGH THE SERVICES IS FOR GENERAL INFORMATION AND WORKFLOW SUPPORT AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR EMERGENCY CARE.
11.4 Third-party services. The Services may depend on or link to third-party products, including Stripe. BioVitality does not control and is not responsible for third-party products, terms, content, availability, or acts. Your use of them is governed by your agreement with the third party.
11.5 Non-waivable rights. Some jurisdictions do not allow certain warranty exclusions. These disclaimers apply only to the extent permitted by applicable law and do not waive rights that cannot lawfully be waived.
12.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIOVITALITY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA; PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM COACHING; OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES MAY OCCUR.
12.2 Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BIOVITALITY AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE SUBSCRIPTION FEES YOU PAID DIRECTLY TO BIOVITALITY DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
12.3 Allocation of risk. The disclaimers and limitations in these Terms are an essential basis of the agreement and apply regardless of the legal theory and even if a remedy fails of its essential purpose. They do not limit liability that cannot lawfully be limited, which may include liability for fraud, willful misconduct, or certain personal injuries, depending on applicable law.
To the maximum extent permitted by law, you will defend, indemnify, and hold harmless BioVitality and its affiliates, officers, directors, employees, agents, licensors, and service providers from claims, demands, proceedings, losses, liabilities, damages, judgments, penalties, interest, costs, and reasonable attorneys' fees arising out of or relating to: (a) your coaching services or relationship with an athlete; (b) Coach Content; (c) your access to or use of athlete information; (d) your violation of these Terms, law, professional duties, or third-party rights; (e) taxes, payment disputes, refunds, or chargebacks attributable to your sessions; or (f) negligence, misconduct, or misrepresentation by you or anyone using your account. BioVitality may control the defense and settlement of a covered claim, and you will cooperate. You may not settle a claim in a way that admits fault by or imposes obligations on BioVitality without our written consent.
14.1 Informal resolution. Before filing a claim, the complaining party must send a written notice describing the dispute and requested relief. Notices to BioVitality must be sent to admin@biovitality.ai with the subject line "Legal Dispute Notice." The parties will attempt in good faith to resolve the dispute for 30 days after receipt. This requirement does not prevent either party from seeking immediate relief for misuse of intellectual property, privacy, confidentiality, or security, or from filing an eligible small-claims action.
14.2 Individual arbitration. Except for eligible small-claims matters and claims seeking injunctive relief for misuse of intellectual property, privacy, confidentiality, or security, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable Commercial Arbitration Rules. The Federal Arbitration Act governs this arbitration provision. The arbitration may be conducted by video, telephone, written submissions, or in person in the county where you reside, unless the parties agree otherwise. The arbitrator may award the same individual remedies a court could award and will issue a reasoned written decision. Judgment may be entered in any court with jurisdiction.
14.3 Class-action and jury-trial waiver. YOU AND BIOVITALITY EACH WAIVE THE RIGHT TO A JURY TRIAL. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT COMBINE CLAIMS OR PRESIDE OVER ANY SUCH PROCEEDING WITHOUT THE WRITTEN CONSENT OF ALL PARTIES.
14.4 Fees. Arbitration filing, administration, and arbitrator fees will be allocated under the applicable AAA rules. Each party will bear its own attorneys' fees unless the arbitrator awards fees under applicable law or determines that a claim or defense was frivolous or brought for an improper purpose.
14.5 Governing law and courts. Except for the Federal Arbitration Act and other applicable federal law, these Terms are governed by the laws of the state in which BioVitality maintains its principal executive office when the dispute arises, without regard to conflict-of-law rules. Any court proceeding permitted under this Section must be brought in a state or federal court located in the county of that principal executive office, except an eligible small-claims action or where applicable law requires another forum. Each party consents to personal jurisdiction and venue in those courts.
14.6 Severability of arbitration terms. If the class-action waiver is found unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court after all arbitrable claims are resolved. If another part of this Section is unenforceable, it will be severed and the remainder will remain effective.
We may update these Terms from time to time. We will post the updated Terms and revise the effective date. For a material change, we will provide reasonable advance notice through the Services, by email, or by another legally permitted method, except that a change may take effect sooner when needed for law, security, fraud prevention, or a new feature. By continuing to use the Services after updated Terms take effect, you agree to the updated Terms. If you do not agree, you must stop using the Services and cancel your subscription before the change takes effect. A change to these Terms does not retroactively alter the cancellation policy recorded for an existing session booking.
16.1 Entire agreement. These Terms, the Privacy Policy, applicable checkout terms, and any clinic or product-specific agreement constitute the entire agreement between you and BioVitality concerning the Services and replace prior or contemporaneous understandings on that subject.
16.2 Order of precedence. A clinic agreement controls the clinic's sponsorship and administration of seats. An athlete agreement controls the athlete's use of an athlete account. These Terms control your use of a Coach account and your responsibilities as a Coach. A more specific term controls over a general term only for the matter it specifically addresses.
16.3 Assignment. You may not assign or transfer these Terms or your account without BioVitality's written consent. BioVitality may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, financing, or by operation of law.
16.4 Force majeure. BioVitality is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, internet or utility failures, governmental action, epidemics, or third-party service failures.
16.5 Waiver and severability. A failure to enforce a provision is not a waiver. Except as provided in Section 14.6, if a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain effective.
16.6 No third-party beneficiaries. These Terms do not create rights for any third party, except the BioVitality parties expressly protected by Sections 11 through 13.
16.7 Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation." The singular includes the plural and vice versa when the context permits.
16.8 Notices and contact. Legal notices to BioVitality must be sent to admin@biovitality.ai and are effective when received. We may send notices to the email address in your account or through the Services. You must keep your contact information current. Questions about these Terms may be sent to BioVitality, LLC at admin@biovitality.ai.