HUMAN
limits

Human Limits Terms and Conditions of Use Agreement

Welcome to Human Limits! This platform is owned and operated by Middlepoint Solutions SL ("Middlepoint", "we", "our", or "us").

1. Introduction and Overview

Service Description

Human Limits is an intelligent fitness platform that uses artificial intelligence to create personalized training programs. The platform includes: (1) AI-generated personalized training programs, (2) educational materials about health and wellness, and (3) various fitness-related content and resources. This Service is intended for users who are eighteen (18) years of age or older.

Agreement Scope

These Terms & Conditions of Use (this "Agreement") apply to: (1) all services and features offered through humanlimits.app; (2) mobile, tablet, and other digital versions of the platform; (3) any Human Limits software; and (4) all content, programs, and services available through the platform (collectively, the "Service").

Acceptance of Terms

By using the Service, you agree to be bound by this Agreement, whether you are a "Visitor" (browsing the Service) or a "Member" (registered user). If you do not accept these terms, you should discontinue use of the Service immediately. We will post notifications of material changes to this Agreement on the Service. Such changes shall be effective when specified in the notification or, if the change is immaterial, immediately upon appearing on the Service. Your continued use of the Service following any changes means you accept those changes.

2. AI-Generated Content and Health Disclaimer

AI Program Generation

Our Service uses artificial intelligence to generate personalized training programs based on information you provide during onboarding. While we strive for accuracy and appropriateness, you acknowledge and agree that these AI-generated programs may contain errors or inadequacies. Middlepoint Solutions SL bears no responsibility for any consequences resulting from following these AI-generated programs.

Health and Medical Disclaimer

The Service and its AI-generated content are not substitutes for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider before starting any new exercise program. This is particularly important if you have any pre-existing conditions, injuries, or specific health concerns. By using the Service, you represent that you have consulted with your healthcare provider regarding the appropriateness of engaging in physical exercise programs.

Assumption of Risk

Physical exercise involves inherent risks, including injury and health complications. You expressly agree that your use of the Service and participation in any suggested exercises or programs is voluntary and at your own risk. You agree to release Middlepoint Solutions SL from any liability related to injuries or health complications that may result from following the AI-generated programs or other content provided through the Service.

3. Membership and Payment Terms

Subscription Options

We offer three types of memberships: (1) monthly recurring subscription, (2) yearly recurring subscription, and (3) lifetime access with one-time payment. All recurring subscriptions will automatically renew for additional periods of the same duration as the original subscription term unless cancelled before the next billing cycle.

Billing and Auto-Renewal

When you purchase a subscription, you authorize us to charge your chosen payment method for the subscription fee at the then-current rate. If we are unable to charge your payment method for any reason, we reserve the right to terminate your access to the Service. For recurring subscriptions, you authorize us to automatically charge the subscription fee to your payment method at the start of each billing period.

Refund Policy

We offer a 30-day money-back guarantee for all new yearly plan subscriptions. To request a refund, contact us at info@humanlimits.app within 30 days of your initial purchase. This money-back guarantee is limited to one refund per user (identified by email address, payment method or other unique identifier) and may be voided if we detect any suspicious or abusive behavior, including but not limited to: multiple account creation, systematic abuse of the refund policy, or any other actions that indicate bad faith usage of the Service. Lifetime access purchases are eligible for this refund policy only within the first 30 days after purchase.

Price Changes

We reserve the right to adjust pricing for our Service or any components thereof at any time. We will notify you of any price changes at least 30 days before they take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the modified price.

4. Account Registration and Security

Registration Requirements

To use our Service, you must be at least 18 years of age and capable of forming a binding contract. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Security

You agree to: (a) immediately notify Human Limits of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Each registration is for a single user only. Sharing accounts between multiple users is strictly prohibited and may result in account termination.

Information Collection

During registration and program generation, we collect various information including physical characteristics, fitness level, medical conditions, exercise preferences, and other relevant data to create your personalized training program. You agree to provide accurate information and update it as necessary. Providing false or misleading information may result in immediate termination of your account.

Account Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, without prior notice or liability, for any reason, including but not limited to: violation of these Terms, suspicious activity, or behavior that we believe puts other users at risk. Upon termination, your right to use the Service will immediately cease.

5. Intellectual Property Rights

Ownership of Service

The Service, including its original content (excluding Content provided by users), features, and functionality, is owned by Middlepoint Solutions SL and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

AI-Generated Content

All training programs, workout plans, and other content generated by our artificial intelligence system are the intellectual property of Middlepoint Solutions SL. While these programs are personalized for your use, you are granted a limited, non-exclusive, non-transferable license to use this content for your personal, non-commercial purposes only. You may not copy, modify, distribute, sell, or lease any part of our AI-generated content, nor may you reverse engineer or attempt to extract the source code or algorithms of our AI system.

User License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use. This license is conditional on your compliance with these Terms and does not include the right to resell or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

6. Privacy and Data Protection

Data Collection and Use

We collect and process your personal data in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR). The personal data we collect includes, but is not limited to: height, weight, age range, activity level, medical conditions, fitness goals, and other information you provide during onboarding and use of the Service.

GDPR Compliance

For users in the European Economic Area (EEA), we process your personal data based on legitimate interests, consent, contractual necessity, and/or compliance with legal obligations. You have the right to: access your personal data; correct inaccurate data; request erasure of your data; restrict or object to processing; data portability; and withdraw consent at any time. To exercise these rights, contact us at info@humanlimits.app.

Data Security

We implement appropriate technical and organizational measures to protect your personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

Health Data Processing

By providing information about your health, physical condition, and fitness goals, you explicitly consent to our processing of this sensitive data for the purpose of generating personalized training programs. You may withdraw this consent at any time, but this may affect our ability to provide you with personalized services.

7. Prohibited Conduct

Restrictions

You agree not to engage in any of the following prohibited activities: (1) copying, distributing, or disclosing any part of the Service; (2) using any automated system to access the Service; (3) attempting to interfere with or compromise the system integrity or security; (4) impersonating another person or entity; (5) collecting or harvesting any personally identifiable information; or (6) attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising the Service.

Content Restrictions

You agree not to use the Service to upload, transmit, or distribute any content that: (1) is unlawful, harmful, or fraudulent; (2) infringes any intellectual property right; (3) contains software viruses or harmful code; (4) constitutes unauthorized advertising; or (5) interferes with any other's use of the Service.

8. Limitation of Liability

Disclaimer of Warranties

The Service and all content, including AI-generated training programs, are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. Middlepoint Solutions SL explicitly disclaims all warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

AI-Generated Content Disclaimer

While we strive to ensure the accuracy and safety of our AI-generated training programs, you acknowledge that artificial intelligence systems may contain errors or make inappropriate recommendations. We make no warranties regarding the accuracy, reliability, or safety of AI-generated content. You assume all risks associated with following any AI-generated training programs or recommendations.

Limitation of Liability

To the maximum extent permitted by law, Middlepoint Solutions SL shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (1) your use or inability to use the Service; (2) any conduct or content of any third party on the Service; (3) any content obtained from the Service; and (4) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort, or any other legal theory.

9. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions. For consumers within the European Union, this choice of law does not deprive you of the protection afforded by provisions that cannot be derogated from by agreement under the law of your country of residence.

Dispute Resolution Process

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved informally, either party may initiate proceedings in the courts of Madrid, Spain, which shall have exclusive jurisdiction, except where mandatory consumer protection regulations require otherwise.

10. Content Access and Limitations

Limited License to Content

Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Service's content through streaming only, solely for your personal, non-commercial use. This license is conditional upon your continued compliance with these Terms and maintenance of an active subscription where applicable.

Streaming and Access Restrictions

All content must be streamed directly from our platform. You expressly agree that: (1) downloading, copying, recording, capturing, or storing any content is strictly prohibited; (2) attempting to circumvent any technical measures we use to prevent content download or copying is prohibited; (3) sharing access credentials or simultaneously streaming content on multiple devices is prohibited unless explicitly permitted by your subscription type.

No Ownership Rights

You acknowledge and agree that: (1) you do not own any content on the platform; (2) your access rights are limited to viewing during the subscription period; (3) no permanent or downloadable copies of content are provided; (4) we may modify, remove, or restrict access to any content at any time without notice; (5) content availability may vary by geographic region and device type.

Service Discontinuation

You acknowledge and agree that: (1) we reserve the right to discontinue the Service at any time without notice; (2) upon Service discontinuation, all access rights to content immediately terminate; (3) no refunds or compensation will be provided for any remaining subscription period or lifetime access in the event of Service discontinuation; (4) we have no obligation to provide alternative access to content if the Service is discontinued.

Technical Requirements and Availability

We reserve the right to: (1) modify the technical requirements for accessing content at any time; (2) change the format, quality, or specifications of content delivery; (3) implement new forms of content protection; (4) restrict access based on device type or geographic location; (5) limit the number of simultaneous streams or devices. Service availability may be affected by your internet connection, device compatibility, and other technical factors beyond our control.

Content Modifications

We reserve the right to: (1) modify, edit, or remove any content without notice; (2) change the organization, structure, or presentation of content; (3) implement new features or remove existing ones; (4) update or modify content metadata, descriptions, or classifications; (5) prioritize or deprioritize certain content in search results or recommendations.

Third-Party Rights

Some content may be subject to third-party rights, including copyright, trademark, and other intellectual property rights. You agree to: (1) respect all such third-party rights; (2) comply with any additional restrictions or requirements communicated to you; (3) cease accessing any content immediately upon our request due to third-party rights claims.

Platform Changes and Maintenance

We reserve the right to: (1) perform maintenance that may temporarily affect content access; (2) modify, suspend, or discontinue any aspect of the platform without notice; (3) implement new access controls or security measures; (4) change how content is delivered or accessed. While we strive to minimize disruptions, we make no guarantees about continuous, uninterrupted access to content.

Content Quality and Accuracy

While we strive to maintain high-quality content, we make no warranties about: (1) the quality, accuracy, or completeness of any content; (2) the suitability of content for any particular purpose; (3) the consistency of streaming quality or resolution; (4) the availability of specific content in your region or on your device. Content quality may vary based on your internet connection and device capabilities.

Termination of Access

We may terminate or restrict your access to content: (1) immediately upon any violation of these Terms; (2) if we suspect unauthorized sharing or downloading of content; (3) if required by law or legal authorities; (4) if we detect suspicious account activity; (5) for any other reason at our sole discretion. Upon termination, you must cease all access to and use of content immediately.

12. Enhanced Health and Safety Disclaimers

Health Emergency Procedures

In case of any health emergency during or after using our Service, immediately stop all physical activity and seek appropriate medical attention. The Service does not provide emergency medical services or advice. In case of emergency, contact your local emergency services immediately. We bear absolutely no responsibility for assisting in or managing any medical emergencies or health issues.

Comprehensive Health Liability Waiver

You expressly acknowledge and agree that: (1) Middlepoint Solutions SL bears absolutely no responsibility for any health issues, injuries, or complications you may experience while using, after using, or in connection with the Service; (2) any physical activity carries inherent risks that cannot be eliminated regardless of the care taken to avoid injuries; (3) our AI-generated programs are suggestions only and may contain errors or be inappropriate for your specific condition; (4) you are solely responsible for determining whether you are physically fit and capable of engaging in any activity suggested by the Service; (5) you assume all risks and responsibility for any health complications, whether known or unknown, that may arise from your use of the Service.

13. Force Majeure and Service Continuity

Force Majeure

Middlepoint Solutions SL shall not be liable for any failure to perform its obligations where such failure is a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, interruption or failure of electricity or telephone service, or any other circumstances beyond our reasonable control.

Data Retention and Deletion

Following account termination, we retain user data for a period not exceeding 12 months, after which it will be permanently deleted unless retention is required by law. Health-related data may be retained in anonymized form for improving our AI systems. You may request earlier deletion of your data by contacting info@humanlimits.app, subject to our legal obligations and legitimate business interests.

14. Additional Subscription Terms

Subscription Changes

Users may upgrade their subscription at any time, with charges prorated accordingly. Downgrades take effect at the end of the current billing cycle. When downgrading or canceling a subscription: (1) previously generated AI programs remain accessible until the end of the paid period; (2) no new AI programs will be generated; (3) access to all content ceases at the end of the paid period; (4) lifetime access subscriptions cannot be converted to other subscription types.

Device and Access Limitations

Each account is limited to: (1) a maximum of three registered devices; (2) one active streaming session at a time; (3) access from the registered user's country of residence only. We reserve the right to monitor and enforce these limitations through technical means and to terminate accounts that violate these restrictions.

15. AI System and Data Usage

AI Training and Improvement

You acknowledge and agree that we may use anonymized user data, including health information and program preferences, to improve our AI system and Service. This data will be stripped of all personally identifying information before being used for system improvement. We maintain sole ownership of any improvements or modifications to our AI system, regardless of the source data used for such improvements.

Export Controls

The Service and its underlying technology may be subject to applicable export control laws and regulations. You agree to comply with all applicable export control laws and regulations in your use of the Service and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws.

16. Final Disclaimers

Comprehensive Liability Release

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE MIDDLEPOINT SOLUTIONS SL, ITS OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, OR DEATH THAT MAY BE SUSTAINED BY YOU WHILE PARTICIPATING IN OR USING THE SERVICE, WHETHER CAUSED BY THE NEGLIGENCE OF MIDDLEPOINT SOLUTIONS SL OR OTHERWISE.

Future Claims Waiver

You expressly agree that this release is intended to be as broad and inclusive as permitted by the laws of Spain and that if any portion of this release is held invalid, the balance shall continue in full legal force and effect. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability.

17. Third-Party Services and Indemnification

Third-Party Services

The Service may integrate with or use third-party services, including but not limited to payment processors, analytics tools, and data storage providers. Middlepoint Solutions SL is not responsible for the availability, accuracy, functionality, or security of these third-party services. You acknowledge and agree that: (1) your use of such services is at your own risk; (2) we make no warranties regarding third-party services; (3) we are not liable for any damages or losses arising from your use of third-party services; and (4) you may be subject to additional terms and conditions required by these third-party providers.

Indemnification

You agree to indemnify, defend, and hold harmless Middlepoint Solutions SL, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, costs, and expenses, including, without limitation, reasonable attorneys' fees, resulting from or alleged to result from: (1) your use of the Service; (2) any violation of these Terms; (3) any violation of any rights of another party; or (4) any user content you submit to the Service. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

18. Content Rights and AI Limitations

User Content License

By submitting, posting, or displaying any feedback, images, testimonials, or other content on or through the Service ("User Content"), you grant Middlepoint Solutions SL a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media for any purpose, including but not limited to marketing, promotion, and improvement of the Service.

Enhanced AI Disclaimer

The AI-generated recommendations and training programs provided by the Service are based on algorithms, models, and data available at the time of generation. You acknowledge and agree that: (1) AI recommendations may evolve or change over time; (2) AI systems may contain inherent biases, limitations, or errors; (3) recommendations are generated based on the information you provide and may not account for all relevant factors; (4) AI-generated content should not be considered a substitute for professional medical or fitness advice; and (5) the accuracy, completeness, or appropriateness of AI recommendations cannot be guaranteed.

19. Additional Legal Provisions

Jurisdiction-Specific Requirements

If you reside in the European Economic Area (EEA), you have rights under the GDPR as detailed in our Privacy Policy. If you are a California resident, you have rights under the CCPA, including the right to request information about our collection and use of your personal information. Users in other jurisdictions may have additional rights under their local laws. Nothing in these Terms shall limit your statutory rights as a consumer.

Age Verification

You explicitly represent and warrant that you are at least 18 years of age. Middlepoint Solutions SL reserves the right to: (1) request verification of your age at any time; (2) terminate or suspend accounts where users are found to be under 18 years of age; and (3) refuse service to anyone who cannot provide satisfactory age verification when requested.

Refund Policy Exceptions

The 30-day money-back guarantee may be voided if: (1) you have extensively used the Service during the refund period; (2) we detect any fraudulent or abusive behavior; (3) you have violated these Terms; or (4) you have previously received a refund for any Middlepoint Solutions SL service. We reserve the sole right to determine eligibility for refunds.

No Waiver

The failure of Middlepoint Solutions SL to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Middlepoint Solutions SL.

Beta Features

The Service may include beta, experimental, or early-access features. Such features are provided "as is" without any warranty of any kind. We may modify, limit, or discontinue beta features at any time without notice. Your use of beta features is entirely at your own risk, and we shall have no liability for any damages or issues arising from the use of such features.

20. General Provisions

Modifications

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on the Service and updating the "Last Modified" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Contact Information

For any questions about these Terms, please contact us at: Middlepoint Solutions SL Email: info@humanlimits.app

21. AI Data Use Transparency

Third-Party AI Service

Our platform utilizes third-party AI services to generate training recommendations. No personal data, including your name, email, or ideas, is shared with these services. Only anonymized preferences and training history are transmitted to ensure accurate and relevant recommendations.

Algorithmic Transparency

The recommendations generated by third-party AI systems are based on algorithms and the data provided. Users acknowledge that these recommendations are tools and may not fully account for individual circumstances. For critical decisions, consult a professional.

22. Liability and Limitations

AI Decision Disclaimer

The third-party AI systems are designed to assist and not replace professional judgment. Middlepoint Solutions SL is not responsible for decisions or actions taken based on AI-generated recommendations.

23. User-Generated Content and Feedback

Feedback Usage

Feedback provided by users on AI performance or other platform features may be used for system improvement and marketing purposes. Users retain ownership of their content while granting Middlepoint Solutions SL a license to use it as outlined in these Terms.

24. Subscription and Refund Details

Inactive Accounts

Accounts inactive for 12 months may be deactivated. To reactivate, contact our support team.

Refund Appeals

Users can appeal denied refund requests by providing additional documentation to info@humanlimits.app. Decisions on appeals are final and at our sole discretion.

25. Jurisdictional Compliance

Children’s Privacy

The Service is not intended for users under the age of 18. We do not knowingly collect personal information from children. If you believe a child under 18 has provided information, contact us at info@humanlimits.app.

Accessibility

We strive to ensure our platform meets accessibility standards under applicable laws. For accessibility-related issues, contact us at accessibility@humanlimits.app.

26. Ethical and Sustainability Commitments

Ethical Use of AI

Our AI integration with third-party services is designed to prioritize ethical and safe practices in fitness training, adhering to high standards of responsibility and transparency.

Sustainability Goals

Middlepoint Solutions SL is committed to sustainable business practices and reducing environmental impact in operations and service delivery.

27. Future Technologies

Emerging Tech Disclaimers

AI recommendations and features may evolve over time. Users will be notified of material changes affecting the Service.

Last Modified: January 1, 2025