Kilopilot Terms of Use

Effective date: [DATE]

These terms are an agreement between you and [LEGAL NAME], an individual trading as sunnyApps, [POSTAL ADDRESS], [COUNTRY] ("we", "us"). They cover your use of the Kilopilot iPhone app. By using Kilopilot you agree to them. If you don't agree, please don't use it.

Our Privacy Policy explains what data we collect and how we use it.

Please read section 2 before you start training. Kilopilot isn't medical advice.

1. What Kilopilot is

Kilopilot is an AI coach for training and food. It asks about your body, goals, schedule, health and preferences, then builds a six-week workout plan and, on Train + Fuel, a meal plan. You log your workouts, meals and weigh-ins, and on paid plans a weekly check-in adjusts the plan as you go.

There are three plans:

• Instant: free. A typical workout plan from a few questions.
• Train: a subscription. A personal workout plan, daily calorie and protein targets, weekly check-ins and a new plan when each block ends.
• Train + Fuel: a subscription. Everything in Train, plus a personal meal plan with recipes.

What each plan includes is shown in the app before you choose.

2. Kilopilot isn't medical advice

• General guidance only. Kilopilot gives general fitness and nutrition guidance. It isn't medical advice, and it doesn't diagnose, treat or prevent any condition. It isn't a medical device and doesn't replace a doctor, dietitian or physiotherapist.
• See a doctor before you start, especially if you have a health condition, take medication, are pregnant, have recently given birth, or haven't exercised for a long time.
• Stop if something hurts. Stop and get help if you feel pain, chest pain, dizziness, faintness or unusual shortness of breath. Don't train through pain. In an emergency, call your local emergency number.
• Follow the safety screens. Some answers mean the app will ask you to talk to a doctor before your first session and build a gentler plan, show your plan without calorie or weight numbers, keep your food at maintenance rather than a deficit, or not build a training plan at all until a doctor has cleared you. If you report sharp pain at a check-in, the app will tell you to see a doctor. These screens are a safety net, not a medical assessment.
• Answer honestly, and keep your answers up to date. Your plan is only as safe as your answers. If something changes, such as a new injury, a diagnosis or a pregnancy, update your answers (through a Rebuild or your block-end re-check) and check with your doctor.
• Check your food. Always check recipes and ingredients against your allergies, intolerances and any diet your doctor has given you. Our filters and the AI can make mistakes. If you have, or have had, an eating disorder, please use Kilopilot alongside a professional, not instead of one.
• Results vary. We can't promise any result, such as a certain weight loss or strength gain.

3. AI-generated content

Parts of Kilopilot are made by artificial intelligence (AI). The AI picks exercises from our library, writes recipes from our food database, and writes your plan's explanation and your coach notes. Coach notes come from the AI, not a human coach.

Our code sets every number (calories, protein, sets, reps and progression) and checks what the AI returns. Even so, AI output can be wrong, odd or incomplete. Use your own judgement. If something looks wrong or unsafe, don't do it, and tell us at hello.kilopilot@gmail.com.

4. Who can use Kilopilot

You must be at least 18 years old and able to agree to these terms. The app asks for your date of birth and won't build a plan for anyone under 18.

5. Your account

• Anonymous start. When you first open Kilopilot, the app creates an anonymous account so you can look around.
• Sign in with Apple. You need to sign in with Apple before a plan is built, including the free Instant plan. Signing in keeps your plan safe if you change phones.
• One person, one account. Your account and plans are for you. Keep your Apple ID secure: anyone who can sign in with it can use your Kilopilot account.
• Your logs live on your iPhone. Workout and meal logs, records and weigh-ins are stored only on your phone. If you lose it or delete the app, they're gone, and we can't restore them. Your plans and check-ins are kept on our servers and come back when you sign in on a new phone.
• Deleting your account. You can delete it at any time in Me › Account & data › Delete account. See section 14.

6. Plans, subscriptions and payment

6.1 The free Instant plan

The Instant plan is free. Each account gets one Instant plan, ever. If you answer the questions for a paid plan and decide not to subscribe, you can have your free Instant plan built from those answers instead; it uses your account's one free plan. Instant doesn't include check-ins or new plans when a block ends.

6.2 Subscriptions

Train and Train + Fuel are auto-renewing subscriptions, monthly or yearly, sold through Apple's App Store. The price, the length and what's included are shown before you buy.

• Payment is charged to your Apple ID when you confirm the purchase or, if you start with a free trial, when the trial ends.
• Your subscription renews automatically for the same length and price unless you turn off auto-renew at least 24 hours before the end of the current period. Apple charges the renewal within the 24 hours before the period ends.
• You can manage or cancel your subscription in your Apple ID settings (on your iPhone: Settings › your name › Subscriptions), or from Me › Subscription › Manage subscription.
• Deleting the app or your Kilopilot account doesn't cancel your subscription. Cancel it with Apple.
• If the price changes, Apple tells you beforehand and, where its rules or the law require, asks you to agree.

6.3 Free trials

Some subscriptions start with a free trial. The App Store shows whether a trial applies, how long it lasts and what you'll pay after.

• If you don't cancel at least 24 hours before the trial ends, it turns into a paid subscription.
• During a trial you see your whole plan in the app. The plan PDF unlocks after your first payment.
• If you cancel a trial, your plan stays open until the trial ends, and you won't be charged.
• Apple decides who can get a trial. Usually you get one trial per group of subscriptions, so if you've had one before, you may not get another.
• If you buy a subscription during a free trial, any unused part of the trial ends.

6.4 Refunds

Apple handles all payments and refunds. We can't issue refunds ourselves. To ask for one, go to reportaproblem.apple.com or contact Apple Support. Apple's terms set out any right you have to cancel a purchase, including the right to cancel within 14 days that customers in the EU and UK may have. Nothing in these terms affects your legal rights as a consumer.

6.5 When a subscription ends

If your subscription ends after you've paid, your last plan, logs and records stay readable. Check-ins, new blocks and the plan PDF need an active subscription. If a free trial ends without a payment, your plan locks until you subscribe; your logs and records stay.

6.6 Fair use

To keep Kilopilot affordable and fair, paid plans include one Rebuild per block and one check-in a week, and there's a daily limit on requests to the coach. If you reach a limit, the app tells you.

7. Acceptable use

When you use Kilopilot, please don't:

• break the law, or use Kilopilot to harm yourself or anyone else;
• use someone else's account, or let others use yours;
• get around the paywall, the free-plan limit, the daily limits or any security measure;
• copy, scrape or reverse-engineer the app, its server or its content, except where the law allows it;
• put instructions in free-text answers or notes to try to make the AI do something it isn't meant to;
• overload, attack or interfere with our servers, or send automated requests;
• resell Kilopilot, its plans or its content, or use them to coach other people commercially.

8. Your answers and content

Your answers, notes and logs belong to you. You give us permission to store and process them, and to have our service providers do so, only to run Kilopilot for you, as described in the Privacy Policy. This permission ends when you delete your account, except for anything the law requires us to keep.

9. Our intellectual property

• Kilopilot is ours. The app, its design, text, plan formats, exercise library, recipes, and the Kilopilot name and logo belong to us or our licensors.
• Your licence. We give you a personal, non-exclusive, non-transferable licence to use Kilopilot on Apple devices you own or control, for your own non-commercial use, as allowed by the App Store's Usage Rules (including Family Sharing where it applies). We can end this licence under section 14.
• Your plans and PDF. You can keep, print and share your plans and plan PDF for personal use.
• Exercise illustrations. The exercise images are adapted from Workout Guide by Bryl Lim, Open Exercise Art by Alex Mollard and Everkinetic, all licensed under the Creative Commons Attribution-ShareAlike 4.0 International licence (CC BY-SA 4.0). Our adapted images are shared under the same licence. They're credited in the app (Me › About Kilopilot › Acknowledgements) and on kilopilot.com. Nothing in these terms limits your rights to those images under that licence.
• Other sources. Nutrition data comes from USDA FoodData Central. Open-source software in the app is used under its own licences, listed in Acknowledgements.

10. Apple Health and other services

Kilopilot can read your weight and steps from Apple Health and save your finished workouts to it, if you allow it. Sign in with Apple, payments and Apple Health are provided by Apple under its own terms. Your mobile network's charges for data still apply.

11. Changes to Kilopilot

We keep improving Kilopilot, so features may change, be added or be removed. We'll try not to take away something you've paid for during a paid period; if we have to, we'll tell you in the app. Kilopilot needs an internet connection for plans and check-ins, and we can't promise it will always be available or free of errors.

12. Disclaimers

We build Kilopilot with care, but to the extent the law allows, it's provided "as is" and "as available". We don't promise that it will meet your needs, achieve any result, or be uninterrupted or free of errors. This section doesn't affect rights you have under consumer law that can't be excluded.

13. Our liability

• What we don't limit. Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else that can't be limited or excluded by law. If you're a consumer, you keep all your statutory rights.
• What we're not responsible for, to the extent the law allows:
  • losses that weren't reasonably foreseeable when you started using Kilopilot;
  • business losses, such as lost profits or opportunities (Kilopilot is for personal use);
  • logs lost from your iPhone, since they're stored only there;
  • harm that comes from ignoring the safety guidance in section 2, training through pain, or giving answers that aren't accurate.
• Our total liability. To the extent the law allows, our total liability for all claims about Kilopilot is limited to the greater of what you paid for Kilopilot in the 12 months before the claim and [MINIMUM LIABILITY AMOUNT].

14. Ending these terms

• You can stop using Kilopilot at any time. To delete your account and data, use Me › Account & data › Delete account. Cancel any subscription with Apple first; deleting your account doesn't cancel it.
• We may suspend or close your account if you seriously or repeatedly break these terms, if the law requires it, or to protect you, other people or Kilopilot. Where we reasonably can, we'll tell you why first and give you a chance to put things right.
• If we stop offering Kilopilot, we'll give at least 30 days' notice in the app where we can. If we close your account or stop Kilopilot when you haven't broken these terms, you can ask Apple for a refund of the unused part of your subscription, and we'll support your request.
• Sections 2, 3, 9, 12, 13, 16, 17 and 18 keep applying after these terms end.

15. Changes to these terms

We may update these terms, for example when we add features or the law changes. If a change matters, we'll tell you in the app at least 30 days before it takes effect, unless it has to happen sooner for legal or safety reasons. If you don't agree with the new terms, stop using Kilopilot, cancel your subscription and delete your account. If you keep using Kilopilot after the change takes effect, the new terms apply.

16. Governing law and disputes

These terms are governed by the laws of [COUNTRY]. If you're a consumer, you also keep the protection of the mandatory laws of the country where you live, and you can bring a claim in the courts there. If you have a problem, please email us first at hello.kilopilot@gmail.com. Most things can be sorted out quickly.

17. Apple and the App Store

You got Kilopilot from Apple's App Store, so these terms also include the following:

• The parties. These terms are between you and us, not Apple. We, not Apple, are solely responsible for Kilopilot and its content.
• Licence. Your licence to use Kilopilot is limited to Apple-branded products you own or control, as allowed by the Usage Rules in the App Store Terms of Service. Kilopilot may also be accessed by other accounts in your Family Sharing group or through volume purchasing, where those apply.
• Support. We're solely responsible for maintenance and support of Kilopilot (contact us at hello.kilopilot@gmail.com). Apple has no obligation to provide any maintenance or support.
• Warranty. We're solely responsible for any product warranties, whether express or implied by law, to the extent they aren't effectively disclaimed. If Kilopilot fails to meet any applicable warranty, you may tell Apple, and Apple will refund the purchase price for Kilopilot, if any. To the maximum extent the law allows, Apple has no other warranty obligation for Kilopilot, and any other claims, losses, liabilities, damages, costs or expenses caused by a failure to meet a warranty are our responsibility.
• Claims. We, not Apple, are responsible for handling any claims from you or anyone else about Kilopilot or your use of it, including product liability claims, claims that Kilopilot fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws, including in connection with Apple Health (HealthKit).
• Intellectual property. If anyone claims that Kilopilot or your use of it infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.
• Legal compliance. You confirm that you aren't located in a country subject to a US Government embargo, or designated by the US Government as a "terrorist supporting" country, and that you aren't on any US Government list of prohibited or restricted parties.
• Third-party terms. You must comply with any third-party terms that apply when you use Kilopilot, such as your mobile data agreement.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

18. General

• These terms and the Privacy Policy are the whole agreement between you and us about Kilopilot.
• If part of these terms can't be enforced, the rest still applies.
• If we don't enforce a right straight away, we can still enforce it later.
• We may transfer these terms to someone who takes over Kilopilot, as long as your rights aren't reduced. You can't transfer them to anyone else.
• Apart from Apple (section 17), no one else has rights under these terms.
• These terms are written in English.

19. Contact

Questions about these terms: hello.kilopilot@gmail.com

[LEGAL NAME], trading as sunnyApps, [POSTAL ADDRESS], [COUNTRY]