Terms of Service

1. Acceptance of these Terms

By accessing or using the Delta mobile application or the website at delta.fit, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service. These Terms form a binding agreement between you and Delta Fit LLC (“Delta,” “we,” “us,” or “our”).

2. The Service

Delta is an AI-assisted fitness coaching application for iPhone. We provide personalized workout plans, meal guidance, and coach chat functionality. Features, content, and availability may change or be removed at any time without notice.

3. Eligibility

• You must be at least 18 years old to use Delta.
• The Service is offered only to residents of the United States.
• You must provide accurate information when creating your account.
• You are responsible for maintaining the confidentiality and security of your account credentials.
• You are responsible for all activity that occurs under your account.

4. Important: Not medical advice

• We are not doctors, registered dietitians, or licensed personal trainers.
• Consult your physician before starting any new exercise or nutrition program, especially if you have or suspect a medical condition, injury, or health concern.
• Never disregard or delay seeking professional medical advice because of something you read or received in the app.
• Physical exercise carries an inherent risk of injury. By using Delta, you acknowledge and accept this risk.

5. Important: AI-generated content may be inaccurate

• Do not rely on AI-generated content for medical, health, or safety decisions.
• You are responsible for evaluating the appropriateness of any guidance before acting on it.

6. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law.
• Attempt to gain unauthorized access to any part of the Service or its infrastructure.
• Interfere with or disrupt the Service or servers connected to it.
• Reverse engineer, decompile, or disassemble any portion of the Service.
• Use automated tools to scrape, crawl, or extract data from the Service.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Share your account credentials or allow others to access the Service through your account.
• Use Delta content, outputs, or coaching guidance to build a competing product or service.
• Submit abusive, hateful, or otherwise harmful content via the coach chat.

7. Your content and account data

You retain ownership of the fitness and nutrition data you log in the app. By using the Service, you grant Delta a limited, non-exclusive, royalty-free license to process that data solely to operate and improve the Service, as described in our Privacy Policy.

We do not sell your data. See our Privacy Policy for full details on how your information is handled.

8. Service availability and changes

The Service is provided on an “as available” basis. We do not guarantee uptime, data durability, or continuity of any particular feature. We may modify, suspend, or discontinue the Service or any feature at any time, with or without notice. We may also suspend or terminate accounts that violate these Terms.

9. Subscriptions and billing

Access to the Service requires a Delta Pro subscription. Delta Pro is an auto-renewing subscription that costs $25.00 per month. New subscribers receive a 7-day free trial.

• Payment is charged to your Apple Account when you confirm your purchase, or at the end of the free trial if you start one.
• Your subscription renews automatically each month unless it is cancelled at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within 24 hours before the end of the current period.
• You can manage or cancel your subscription at any time in your iPhone’s Settings → [your name] → Subscriptions. Cancelling stops future renewals; you keep access until the end of the period you have already paid for.
• Any unused portion of a free trial is forfeited when you purchase a subscription.
• Deleting your account does not cancel your subscription. Cancel it in Settings as described above.
• All purchases are processed by Apple. Refund requests are handled by Apple under Apple’s policies; we cannot issue refunds directly.
• We may change the subscription price. Any price change is applied according to Apple’s rules, and you will be notified in advance.

10. Intellectual property

The Delta brand, app, website, marketing materials, and underlying software are owned by Delta Fit LLC and are protected by applicable intellectual property laws. These Terms do not grant you any right, title, or interest in the Service or its intellectual property beyond the limited license to use the Service as described here.

11. Apple App Store terms

If you downloaded the app from the Apple App Store, your license to use the app is governed by Apple’s Licensed Application End User License Agreement (the “Standard EULA”). These Terms supplement the Standard EULA. You also acknowledge that:

• These Terms are between you and Delta Fit LLC only, not Apple. Delta, not Apple, is solely responsible for the app and its content.
• Apple has no obligation to provide any maintenance or support services for the app.
• To the maximum extent permitted by law, Apple has no warranty obligation with respect to the app. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app.
• Apple is not responsible for addressing any claims by you or any third party relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, consumer protection claims, or claims that the app infringes a third party’s intellectual property rights.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce these Terms against you.

12. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR UNINTERRUPTED AVAILABILITY.

Delta does not warrant that the Service will be error-free, uninterrupted, or free of harmful components, or that any content or guidance provided is accurate, complete, or appropriate for your individual circumstances.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DELTA FIT LLC'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE IS LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100).

DELTA IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to indemnify, defend, and hold harmless Delta Fit LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your infringement of any rights of a third party.

15. Termination

You may stop using the Service at any time. You can delete your account and all associated data in the app from Profile → Delete Account, or by emailing support@delta.fit. Deleting your account does not cancel your subscription; see Section 9.

We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice, if we determine that you have violated these Terms or that continued access poses a risk to the Service or other users.

16. Governing law and venue

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-law provisions. Any dispute arising out of or relating to these Terms or your use of the Service shall be resolved exclusively in the state or federal courts located in Sacramento County, California. You consent to the personal jurisdiction of those courts.

17. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Effective date” at the top of this page. Material changes will be communicated in-app or by email. Continued use of the Service after a change constitutes acceptance of the updated Terms.

18. Contact

Questions about these Terms:

support@delta.fit

Delta Fit LLC