Terms of Service
Effective Date: 01/09/2025 | Last Updated: 01/09/2025
1. ACCEPTANCE OF TERMS
By accessing, downloading, or using the ProArc application, website, or associated services ("Service"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service.
These Terms constitute a legally binding agreement between you and Shin Fitness ("ProArc," "Company," "we," "us," or "our"), a company incorporated under the laws of England and Wales.
2. SERVICE DESCRIPTION & IMPORTANT WARNINGS
ProArc is an AI-powered software tool that provides users with algorithmically generated fitness program suggestions and related informational content. The Service is intended for informational and educational purposes only.
CRITICAL WARNING
ProArc is NOT a substitute for professional advice. The Service does not provide, and should not be considered, a personal training service, medical advice, or healthcare service. The AI-generated programs are suggestions based on data you provide and are not a direct instruction from a qualified professional. You are solely responsible for how you use the information provided by the Service.
3. MEDICAL AND FITNESS DISCLAIMERS
3.1 Not Medical Advice
THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE. All information, including but not limited to training programs, exercise suggestions, and performance analysis, is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare provider.
3.2 Consult a Qualified Professional
YOU ACKNOWLEDGE AND AGREE THAT:
- You must consult with a qualified physician or other appropriate healthcare provider before beginning any new exercise program or changing your diet, especially if you have pre-existing health conditions.
- You will seek immediate medical attention if you experience any pain, discomfort, dizziness, or other adverse symptoms during exercise.
- You are solely responsible for assessing your own physical condition and for determining whether any suggested exercise program is safe and appropriate for you.
3.3 Assumption of Inherent Risk
YOU UNDERSTAND AND ACKNOWLEDGE THAT all physical exercise carries inherent risks of injury or harm, which can range from minor muscle strains to serious or fatal events. By choosing to participate in any exercise program, you voluntarily and knowingly assume all such risks.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
4.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or that the information provided will be accurate or reliable.
4.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROARC, ITS DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL) ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE.
4.3 Statutory Liabilities
Nothing in these Terms is intended to limit or exclude any liability that cannot be legally limited or excluded under the laws of England and Wales, including our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
4.4 Maximum Liability Cap
Subject to clause 4.3, in no event shall ProArc's total aggregate liability to you for all claims arising out of or relating to the Service exceed the greater of: (a) the total amount of fees you have paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred pounds sterling (£100).
5. USER RESPONSIBILITIES AND OBLIGATIONS
5.1 User Representations
By using the Service, you represent and warrant that:
- You are at least 18 years old.
- You have the legal capacity to enter into this binding agreement.
- You have consulted with a qualified healthcare professional who has approved your participation in strenuous physical exercise.
- All information you provide to ProArc is true, accurate, and complete, and you will keep it updated.
5.2 User Conduct
You are solely responsible for your use of the Service. This includes:
- Providing accurate data in all intake forms.
- Independently "vetting" and assessing the suitability of any AI-generated program before attempting it.
- Using proper and safe technique for all exercises.
- Monitoring your own physical condition and stopping exercise immediately if you feel pain or discomfort.
6. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ProArc and its officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or any injury or harm you suffer as a result of using the Service.
7. SUBSCRIPTION AND PAYMENT TERMS
7.1 Subscription Plans
- Free Trial. New subscribers receive a 7-day free trial of paid features. The trial starts when you activate a paid plan and ends 7 days later. One trial per user/account. If you do not cancel before the end of the trial, your chosen plan will auto-renew and the applicable subscription price will be charged.
- Weekly Subscription. £1.20 per week, billed weekly. Auto-renews each week until cancelled. You can cancel any time with effect from the end of the then-current weekly period.
- Monthly Subscription. £3.99 per month, billed monthly. Auto-renews each month until cancelled. You can cancel any time with effect from the end of the then-current monthly period.
- Price Changes. Prices are subject to change; we will give at least 30 days' notice of any change before it applies to your next renewal.
7.2 Payment and Billing
Payments are processed via our third-party payment processor, Stripe. By subscribing, you agree to recurring monthly charges to your chosen payment method.
7.3 Your Statutory Right to Cancel ("Cooling-Off Period")
In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your subscription within 14 days of your initial purchase for a full refund. This right applies to the start of your paid subscription. If you have used the service during this 14-day period, we may make a proportionate deduction from the refund. To exercise this right, please contact us at hello@proarc.app.
7.4 General Cancellation
You may cancel your subscription at any time through your account settings. The cancellation will take effect at the end of your current billing period, and you will not be charged for subsequent periods. No refunds are provided for partial subscription months outside of the statutory 14-day cooling-off period.
8. INTELLECTUAL PROPERTY
All rights, title, and interest in and to the Service (including all software, content, and trademarks) are the exclusive property of ProArc and its licensors. We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for your personal, non-commercial use only.
9. PRIVACY AND DATA PROTECTION
Our collection and use of your personal information, including health and fitness data, is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully.
10. MODIFICATION AND TERMINATION
We reserve the right to modify these Terms at any time. We will provide notice of material changes (e.g., via email or an in-app notification). Your continued use of the Service after such changes constitutes your acceptance of the new Terms. We may terminate or suspend your account at any time for any breach of these Terms.
11. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
12. GENERAL PROVISIONS
These Terms, along with our Privacy Policy, constitute the entire agreement between you and ProArc. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
13. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
IMPORTANT NOTICE
By clicking "Accept" or by using the ProArc Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You further confirm that you understand the inherent risks of physical exercise and agree that you are using this informational tool at your own sole risk.