Terms of Service

1. Agreement to Terms

By accessing or using Motiviate ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

We may modify these Terms at any time. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Description of Service

Motiviate is a digital fitness coaching service that provides:

• Daily coaching prompts delivered via SMS text messaging
• Calendar integration to schedule workout sessions
• Personalized workout recommendations based on your preferences

The Service is designed to help you maintain consistent exercise habits through timely reminders and adaptive coaching—not to replace professional medical advice, diagnosis, or treatment.

3. Eligibility

You must be at least 18 years old to use Motiviate. By using the Service, you represent and warrant that you:

• Are at least 18 years of age
• Have the legal capacity to enter into these Terms
• Are not prohibited from using the Service under applicable law
• Will provide accurate and complete information during registration

4. SMS Messaging Terms

By providing your phone number and consenting to receive SMS messages, you agree to the following:

Message Frequency

You will receive approximately 1-3 SMS messages per day from Motiviate. Message frequency varies based on your coaching schedule and preferences.

Message Content

Messages may include:

• Verification codes during account setup
• Daily coaching prompts (e.g., "Base or Build?")
• Workout reminders and scheduling confirmations
• Preference questions during onboarding
• Service updates and account notifications

Carrier Charges

Message and data rates may apply. You are responsible for any charges from your mobile carrier for sending and receiving SMS messages. Contact your carrier for details about your messaging plan.

Opting Out

You can stop receiving SMS messages at any time by replying STOP to any message. After opting out, you will receive a confirmation message and no further SMS messages from Motiviate unless you re-subscribe.

Help

Reply HELP to any message for support information, or contact us at support@motiviate.com.

Supported Carriers

Major US carriers are supported including AT&T, Verizon, T-Mobile, Sprint, and others. Carriers are not responsible for delayed or undelivered messages.

5. Your Account

Your phone number serves as your account identifier. You are responsible for:

• Maintaining the confidentiality of your account
• All activities that occur under your account
• Notifying us of any unauthorized use
• Ensuring your phone number remains active and able to receive SMS

6. Health Disclaimer

Motiviate is not a medical service. The coaching and workout recommendations provided are for general fitness purposes only and are not intended to:

• Diagnose, treat, cure, or prevent any disease
• Replace professional medical advice
• Substitute for consultation with qualified healthcare providers

Before beginning any exercise program, consult with your physician or healthcare provider, especially if you have any pre-existing health conditions. You assume all risks associated with physical activity.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Provide false or misleading information
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to the Service
• Use automated systems to interact with the Service
• Resell or redistribute access to the Service

8. Intellectual Property

The Service, including its content, features, and functionality, is owned by Motiviate and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTIVIATE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, data, or goodwill
• Any personal injury or property damage arising from your use of the Service
• Any errors, mistakes, or inaccuracies in content
• Any interruption or cessation of the Service

Our total liability for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Merchantability and fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Accuracy or reliability of any content

11. Indemnification

You agree to indemnify, defend, and hold harmless Motiviate and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service or violation of these Terms.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including breach of these Terms. Upon termination:

• Your right to use the Service will cease immediately
• You will no longer receive SMS messages from us
• We may delete your account data (subject to our data retention policies)

You may terminate your account at any time by replying STOP to any SMS message or contacting us at support@motiviate.com.

13. Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [Your State], and judgment on the award may be entered in any court of competent jurisdiction.

You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16. Contact Information

For questions about these Terms, contact us at: