TERMS OF USE

LAST UPDATED: September 19, 2026

The Phyzseek mobile application and website (together, the "Phyzseek Service") are operated by WellFit Holdings LLC ("WFH", "we", "us"), a Florida limited liability company with a registered address at 6231 PGA Blvd., Suite 104-168, Palm Beach Gardens, FL 33418.

These Terms of Use ("Terms") form a binding agreement between you and WFH. By creating an account or using the Phyzseek Service in any way, you accept them. Our Privacy Policy is part of this agreement and explains what we collect and what other members can see about you; please read it too.

IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE HEALTH DISCLAIMER, THE LIMITATIONS OF LIABILITY AND THE DISPUTE RESOLUTION SECTION, DO NOT USE THE PHYZSEEK SERVICE.

Using Phyzseek is at your own risk. We do not assume liability for your use of it, and we make no warranties about it, express or implied, beyond those that cannot be excluded by law.

By using the Phyzseek Service you agree to receive these Terms and any revisions electronically. To withdraw that consent, stop using the Service and delete your account.

1. HEALTH AND SAFETY — READ THIS FIRST

CONSULT YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY EXERCISE PROGRAM. THIS MATTERS PARTICULARLY IF YOU OR YOUR FAMILY HAVE A HISTORY OF HEART DISEASE OR HIGH BLOOD PRESSURE, IF YOU ARE PREGNANT OR HAVE RECENTLY GIVEN BIRTH, IF YOU ARE RECOVERING FROM INJURY OR SURGERY, IF YOU TAKE MEDICATION THAT AFFECTS YOUR HEART RATE, OR IF YOU HAVE EVER FELT PAIN, DIZZINESS OR UNUSUAL BREATHLESSNESS WHILE EXERCISING.

Phyzseek workouts are high intensity by design. They are demanding, they are timed, and the app ranks your results against other people. That combination can encourage you to push harder than is safe for you on a given day. You are the only person who can judge that. Stop immediately if you feel pain, dizziness, faintness, nausea, chest discomfort or shortness of breath that does not feel normal to you, and seek medical attention if it does not resolve.

NOTHING IN THE PHYZSEEK SERVICE IS MEDICAL ADVICE. Workouts, pacing targets, heart-rate zones, calorie figures, recovery figures, fitness scores and any other output of the app are general fitness information produced by software. They are not a diagnosis, not a treatment plan, and not a substitute for care from a qualified professional. Never disregard or delay professional medical advice because of something you read or saw in Phyzseek.

Figures shown by the app are estimates. Heart rate, calories burned, distance, pace and recovery are derived from sensors and formulas that have known error margins, and GPS distance in particular can be materially wrong in poor conditions. Do not rely on them for any medical purpose.

2. YOUR REPRESENTATIONS

By creating an account you confirm that either:

(A) all of the following are true: no physician has told you that you have a heart condition or that you should only do physical activity recommended by a physician; you have not felt chest pain during physical activity; you have not felt chest pain at rest in the past several months; you do not lose your balance from dizziness and have not lost consciousness; you do not have a bone or joint problem that could be made worse by a change in your physical activity; you are not taking prescribed medication for blood pressure or a heart condition; and you know of no other reason you should not exercise; OR

(B) a physician has specifically approved your use of the Phyzseek Service.

If your circumstances change so that this stops being true, stop using the Service until a physician approves your return.

You also confirm that the information you give us — including date of birth, sex, body weight and resting heart rate — is accurate. The app uses those values to calculate heart-rate zones, calorie estimates and your ranking bracket. Inaccurate information produces inaccurate and potentially unsafe guidance.

3. ELIGIBILITY AND AGE

You must be at least 18 years old to create a Phyzseek account. The Service is not offered to anyone under 18. We recommend that you have the approval of a physician before beginning a high-intensity program.

We do not knowingly collect personal information from anyone under 18. If we learn that an account belongs to someone under 18, we will close it and delete its data.

4. YOUR ACCOUNT

You are responsible for keeping your password confidential and for everything done through your account. Tell us promptly if you believe it has been used without your permission. One person per account; do not share your login.

You may delete your account at any time, from Settings in the app or by emailing support@phyzseek.com. Deleting your account removes your personal information as described in the Privacy Policy. Deletion is permanent and we cannot restore a deleted account.

We may suspend or terminate an account that breaches these Terms, that submits results we reasonably believe to be fabricated, or that harasses, impersonates or endangers another member.

5. PREMIUM SUBSCRIPTIONS, THE FREE TIER, AND THE TRIAL

What is free. Every member can do the free workout of the week, use the workout timers and the Pacer, record and save results, take the PhytTest, record runs, use a heart-rate monitor, and see the leaderboards and comparison boards.

What Premium adds. A Premium subscription opens every workout in the rolling schedule, the no-equipment library, and the analysis screens where your own results are charted over time.

Free trial. New members receive 30 days of Premium free. No payment method is required to start it and there is nothing to cancel. When the 30 days end, the account moves to the free tier automatically unless you subscribe.

Prices and billing. Premium is offered as a monthly or an annual auto-renewing subscription at the prices shown in the app before you buy. Prices may vary by region and may change; we will tell you before a change affects you.

All subscriptions are sold and billed by Apple through your Apple Account. We never receive or store your payment card details.

AUTO-RENEWAL. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH PERIOD — EACH MONTH FOR A MONTHLY PLAN, EACH YEAR FOR AN ANNUAL PLAN — AND YOUR APPLE ACCOUNT IS CHARGED THE THEN-CURRENT PRICE, UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE PERIOD ENDS. THIS CONTINUES UNTIL YOU CANCEL.

How to cancel. Cancel in your Apple Account settings: open Settings on your device, tap your name, tap Subscriptions, select Phyzseek, and cancel. You may also cancel through the App Store. Cancelling stops the next renewal; your Premium access continues to the end of the period you have already paid for. Deleting the app does not cancel a subscription.

Refunds. Because Apple processes the payment, refunds are handled by Apple under its own policies, and requests should be made to Apple. We do not process refunds for subscriptions bought through the App Store and we do not give credit for partial periods.

Restoring a purchase. If you have subscribed before using the same Apple Account, use "Restore Purchases" on the Settings page rather than buying again.

Promotional access. We may occasionally grant a period of free Premium access, for example to returning members. Promotional access is a courtesy, is not a purchase, is not transferable, is not refundable and can be withdrawn. It ends on its stated date, after which the account returns to the free tier unless you subscribe.

Changes to what is included. We may change which features are free and which require Premium. If a change materially reduces what you have already paid for, we will tell you before it takes effect.

6. LEADERBOARDS, COMPETITORS AND WHAT OTHERS SEE

Phyzseek is a comparison product. Results you save are ranked against other members, and your name, profile photo, age, fitness score, workout count and body weight can be visible to other signed-in members, including on leaderboards and on your profile card. Other members can find you by searching your name. The Privacy Policy sets this out in detail — read it before you save a result you would not want ranked.

Competitor connections require both people to agree. You can cancel a request you have sent, and remove a connection at any time.

Do not use the Service to harass, threaten, impersonate or spam another member. Do not submit results you did not achieve. We may remove results we reasonably believe to be fabricated and, where a ranking has been affected, recalculate it.

7. OUR CONTENT AND YOUR LICENCE TO USE IT

The Phyzseek Service, including the workouts, programming, exercise videos, text, design, software and the Phyzseek name and logo, belongs to WFH or its licensors and is protected by intellectual property laws.

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the Phyzseek Service for your own non-commercial training. You may not copy, republish, sell, licence, reverse engineer or create derivative works from it, use it to build a competing product, or run classes or paid training using our programming without our written permission.

8. YOUR CONTENT

You keep ownership of anything you submit — your results, profile details and photo. You grant WFH a worldwide, royalty-free licence to host, store, reproduce and display that content for the purpose of operating the Service, including showing it to other members where the Service is designed to do so, and to use it in aggregated or de-identified form to improve the Service.

You are responsible for what you submit and confirm you have the right to submit it.

9. THIRD-PARTY SERVICES AND DEVICES

The Service works with third-party hardware and services, including heart-rate monitors, Apple Health, and weather data. We do not control them, we are not responsible for their accuracy or availability, and your use of them is governed by their own terms.

10. APPLE

The Phyzseek iOS application is licensed to you under Apple’s Standard End User Licence Agreement, which governs the software itself. These Terms of Use govern your Phyzseek account, your workouts, subscriptions, rankings, content, safety and everything else described here. Your use of the app is also subject to Apple’s applicable terms, including the Apple Media Services Terms and Conditions and the Usage Rules they contain. You acknowledge that these Terms are between you and WFH and not with Apple, and that Apple is not responsible for the Phyzseek Service or its content. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

11. DISCLAIMERS

THE PHYZSEEK SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WFH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free or secure, that defects will be corrected, or that any measurement, score, ranking or estimate it produces is accurate.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

12. ASSUMPTION OF RISK, RELEASE AND LIMITATION OF LIABILITY

ASSUMPTION OF RISK. YOU UNDERSTAND AND VOLUNTARILY ASSUME THE INHERENT AND OTHER RISKS ASSOCIATED WITH VIGOROUS PHYSICAL EXERCISE AND PARTICIPATION IN PHYZSEEK WORKOUTS, INCLUDING THE RISK OF SERIOUS INJURY, CARDIOVASCULAR EVENTS AND DEATH.

RELEASE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE WFH AND ITS MEMBERS, OFFICERS, EMPLOYEES AND AGENTS FROM CLAIMS ARISING FROM ORDINARY NEGLIGENCE IN CONNECTION WITH YOUR PARTICIPATION IN EXERCISE ACTIVITIES USING THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WFH AND ITS MEMBERS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS.

Nothing in these Terms limits liability for gross negligence, reckless or intentional misconduct, fraud, or any liability that applicable law does not permit to be waived. Some jurisdictions do not allow certain limitations or releases, so parts of this section may not apply to you.

13. INDEMNITY

You agree to indemnify and hold harmless WFH and its members, officers, employees and agents from third-party claims, damages, liabilities and reasonable legal expenses arising from (a) content you submit to the Service that infringes or violates another person's rights; (b) your material violation of these Terms; or (c) your unlawful, fraudulent or intentionally wrongful use of the Service.

14. DISPUTE RESOLUTION — INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER

(a) Talk to us first. Before starting an arbitration or a small-claims action, you agree to send us a written Notice of Dispute at support@phyzseek.com describing the problem and what you want, and to give us 60 days to try to resolve it. We will do the same before bringing any claim against you. Completing this step is a condition of starting a proceeding, and the time limit for bringing a claim is paused while it runs.

(b) Agreement to arbitrate. Except as set out in paragraphs (c) and (d), you and WFH agree that any dispute arising out of or relating to these Terms, the Phyzseek Service or your account will be resolved by binding individual arbitration before a single arbitrator, and not in court. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, and this agreement is governed by the Federal Arbitration Act. The arbitrator may award the same individual relief a court could, and judgment on the award may be entered in any court with jurisdiction.

(c) Small claims. Either of us may instead bring an individual claim in small claims court, so long as the claim qualifies for that court and stays there.

(d) Your right to opt out, within 30 days. You may opt out of this arbitration agreement by emailing support@phyzseek.com with your name and the email address on your account within 30 days of first accepting these Terms. Opting out costs you nothing and affects nothing else in these Terms. If you opt out, paragraph (h) applies to any dispute instead.

(e) NO CLASS ACTIONS. YOU AND WFH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not preside over the claims of more than one person. If this paragraph is held unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court under paragraph (h), and everything else will remain in arbitration.

(f) Coordinated filings. If 25 or more demands for arbitration raising similar claims are filed by or with the help of the same lawyers or coordinating organisation, the demands will be handled in batches. Each side selects up to five cases to proceed first as bellwethers; the remaining cases are held, and their filing fees are not due, until those are decided. The time limit for bringing the held claims is paused while they wait. The parties will then use the bellwether outcomes to try to resolve the rest, and if they cannot, the remaining cases proceed in further batches.

(g) Costs and where it happens. WFH will pay the AAA administrative and arbitrator fees to the extent the Consumer Arbitration Rules require, and will pay them in full for any claim of $10,000 or less. The arbitration will be conducted by written submission, telephone or video unless the arbitrator decides a hearing in person is needed, in which case it will be held in the county where you live or at another place you and WFH agree.

(h) If arbitration does not apply. If you opt out under paragraph (d), or if a court decides this arbitration agreement cannot be enforced for a particular dispute, that dispute will be brought only in the state or federal courts located in Palm Beach County, Florida. You and WFH each consent to the jurisdiction of those courts and, to the extent permitted by law, WAIVE ANY RIGHT TO A TRIAL BY JURY.

(i) Survival. This section survives the ending of these Terms and the deletion of your account.

These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules.

15. CHANGES TO THESE TERMS

We may update these Terms. When we do, we will change the date at the top and make the new version available in the app. If a change is material we will make reasonable efforts to notify you. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not accept them, stop using the Service and delete your account.

16. GENERAL

If any provision of these Terms is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. These Terms, together with the Privacy Policy, are the entire agreement between you and WFH about the Phyzseek Service.

17. CONTACT

Questions about these Terms: support@phyzseek.com

WellFit Holdings LLC
6231 PGA Blvd., Suite 104-168
Palm Beach Gardens, FL 33418