Terms of Service

Last updated: March 17, 2026

1. Acceptance of Terms

By creating an account or using Actus ("the Service"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Service.

1.1 Modifications

We may update these Terms from time to time at our discretion. When we make material changes, we will provide reasonable notice — by email, in-app notification, or by posting the updated Terms with a revised "Last updated" date. Your continued use of the Service after such changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.

1.2 Additional Policies

These Terms incorporate by reference our Privacy Policy, which governs how we collect, use, and protect your data. Together, these documents constitute the entire agreement between you and Actus regarding the Service.

2. Eligibility

You must be at least 16 years old to use Actus. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement. If you are between 16 and 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

3. Health & Fitness Disclaimer

4. Your Account

4.1 Registration

• You must provide accurate and complete information during registration and onboarding
• One account per person — sharing accounts is not permitted
• You are responsible for maintaining the confidentiality and security of your account credentials

4.2 Responsibility

You are responsible for all activity that occurs under your account, whether or not authorized by you. Any action taken through your account will be deemed to have been taken by you. You must notify us immediately at nakanorodriguespedro@gmail.com if you suspect unauthorized access to your account.

5. Subscriptions & Billing

5.1 Free Tier

Actus offers a free tier that includes core workout generation, basic workout logging, and basic analytics. The free tier is available indefinitely at no cost.

5.2 Premium Subscription

Premium features — including the AI coach, advanced analytics, intelligent workout regeneration, and priority support — require a paid subscription.

• Subscription prices are displayed in the app before purchase
• Subscriptions are billed through the Google Play Store (or applicable app store)
• Subscriptions auto-renew unless cancelled at least 24 hours before the end of the current billing period
• Cancellation takes effect at the end of the current billing period — you retain access to premium features until then
• We reserve the right to change subscription prices with reasonable advance notice; price changes apply at your next renewal

5.3 Refunds

Refunds are handled by the Google Play Store (or applicable app store) per their refund policy. We do not process refunds directly. By subscribing, you acknowledge that refund requests are subject to the app store's terms.

5.4 Subscription Changes

If your subscription expires or is cancelled, your account will revert to the free tier. Your workout data and history are retained — you do not lose any data.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to reverse engineer, decompile, disassemble, or extract source code from the application
• Scrape, crawl, or use automated means to access the Service without prior written permission
• Interfere with, disrupt, or place an unreasonable load on the Service or its infrastructure
• Share your account credentials or allow others to access your account
• Use the Service to develop, train, or improve a competing fitness product or AI model
• Attempt to circumvent any security features, access controls, or usage limits of the Service
• Upload or transmit any malicious code, viruses, or harmful content
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity

6.1 AI-Specific Usage

When using AI-powered features (workout generation, AI coach, recommendations), you additionally agree not to:

• Rely on AI-generated recommendations as a substitute for professional medical, nutritional, or physiotherapy advice
• Use AI coach responses to provide health or fitness advice to third parties as if it were professional guidance
• Attempt to manipulate the AI to generate content that is harmful, misleading, or unrelated to fitness

AI-generated workout plans and coaching responses involve automated decision-making. You always retain the ability to modify, reject, or override any AI recommendation within the app.

7. Intellectual Property

7.1 Our Content

The Actus application — including its design, source code, algorithms, exercise database, AI models, documentation, and branding — is owned by Actus and protected by applicable intellectual property laws. All rights not expressly granted to you are reserved by Actus.

7.2 Your Data

You retain all ownership rights to the data you provide to Actus, including your workout logs, profile information, and personal content. We do not claim ownership of your data.

7.3 License You Grant Us

By using the Service, you grant Actus a non-exclusive, worldwide, royalty-free license to use, reproduce, and process your data solely for the purpose of providing, maintaining, and improving the Service as described in our Privacy Policy. This license terminates when you delete your account.

7.4 AI-Generated Content

Workout plans, exercise recommendations, and AI coach responses generated for you by the Service are provided for your personal use. While you may use these outputs for your own training, you acknowledge that similar outputs may be generated for other users and that AI-generated content is not guaranteed to be unique.

7.5 Aggregated & De-Identified Data

We may create aggregated, anonymized, or de-identified data from your usage of the Service ("Aggregated Data"). Aggregated Data cannot be used to identify you. All rights in Aggregated Data belong to Actus, and we may use it for any lawful purpose, including analytics, research, product improvement, and benchmarking.

7.6 Feedback

If you provide us with feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you grant Actus a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Service without restriction or obligation to you. We will not identify you as the source of Feedback without your prior consent.

8. Service Availability

We strive to keep Actus available at all times, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled or emergency maintenance
• Updates, upgrades, or deployment of new features
• Third-party service outages (database, AI provider, hosting infrastructure)
• Circumstances beyond our reasonable control (see Section 14, Force Majeure)

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. Where practicable, we will provide advance notice of material changes to the Service.

9. Warranty Disclaimer

To the maximum extent permitted by applicable law:

• The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory
• Actus specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
• We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components
• We do not warrant that AI-generated workout recommendations, coaching responses, or exercise suggestions will be accurate, complete, or suitable for your specific health condition, fitness level, or circumstances
• No advice or information obtained from Actus, whether oral or written, creates any warranty not expressly stated in these Terms

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• In no event shall Actus, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of data, loss of profits, personal injury, or property damage — arising from or related to your use of the Service
• Our total aggregate liability for all claims arising from or related to the Service shall not exceed the greater of: (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) fifty US dollars ($50)
• These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if Actus has been advised of the possibility of such damages

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain types of damages. In such cases, our liability shall be limited to the fullest extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Actus and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights, including intellectual property rights
• Any content or data you provide to the Service

12. Termination

12.1 By You

You may delete your account at any time from Profile > Delete Account. Upon deletion, your personal data is anonymized immediately. All remaining data is permanently deleted within 90 days, as described in our Privacy Policy.

12.2 By Us

We may suspend or terminate your account, without liability, if:

• You breach these Terms or our acceptable use policy
• We are required to do so by law or legal process
• We reasonably believe your account poses a security risk
• Your account has been inactive for an extended period

Where practicable, we will provide notice before suspension or termination.

12.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. The following sections survive termination: 3 (Health Disclaimer), 7 (Intellectual Property), 9 (Warranty Disclaimer), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing Law), and 15 (General Provisions).

13. Governing Law & Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

13.2 Dispute Resolution

Any dispute arising from these Terms or the Service shall be resolved as follows:

1. Good faith negotiation: Contact us at nakanorodriguespedro@gmail.com and we will attempt to resolve the dispute informally within 30 days
2. Binding arbitration: If informal resolution fails, disputes shall be resolved by binding arbitration administered on an individual basis (not class action) under the rules of the American Arbitration Association

13.3 Class Action Waiver

You agree that any dispute resolution will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Actus.

13.4 Jury Trial Waiver

To the extent permitted by applicable law, you and Actus each waive the right to a jury trial for any dispute arising from or related to these Terms or the Service.

14. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms (except for payment obligations) if and to the extent such failure or delay is caused by circumstances beyond the party's reasonable control, including but not limited to: natural disasters, acts of government, pandemic, war, terrorism, civil unrest, power failure, internet or telecommunications outages, or third-party service provider failures.

15. General Provisions

• Entire agreement: These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and Actus with respect to the Service, and supersede all prior understandings or agreements
• Severability: If any provision of these Terms is found invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions continue in full force and effect
• No waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision
• Assignment: We may assign or transfer these Terms in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign or transfer your rights or obligations under these Terms without our prior written consent
• Electronic communications: By using the Service, you consent to receiving electronic communications from Actus. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing
• Reservation of rights: All rights not expressly granted to you under these Terms are reserved by Actus
• Export compliance: The Service may utilize software and technology subject to export control laws. You agree not to export or re-export the Service to any prohibited jurisdiction or in violation of applicable export laws
• Headings: Section headings are for convenience only and do not affect the interpretation of these Terms

16. Contact Us

If you have questions about these Terms, contact us at:

• Email: nakanorodriguespedro@gmail.com