Terms of Service

Last updated: Jun 20, 2025

1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between you and Everblessed Technology Inc. ("Everblessed," "Company," "we," "us," or "our"), the owner and operator of the ZenFit mobile application and related services. These Terms govern your use of the ZenFit app, including any associated websites such as www.zenfit.health (the "Website"), and any other features, content, or services provided by us in connection with ZenFit (collectively, the "Services").

Please read these Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

These Terms apply exclusively to your use of ZenFit and do not govern any other applications, websites, or services provided by Everblessed Technology Inc. or its affiliates.

Important Notice:

ZenFit is not a healthcare provider. The fitness and wellness content offered through the app is for informational and educational purposes only and does not constitute medical advice. It is not a substitute for consulting with a qualified healthcare professional. You should always consult your doctor or a healthcare professional before making any significant changes to your health, fitness, or dietary habits.

2. Eligibility

When you use the Services, you represent that:

  1. You are at least 18 years of age (or of the age of consent in your jurisdiction);
  2. The information you submit is truthful and accurate;
  3. Your use of the Services do not violate any applicable law or regulation;
  4. You are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms.

3. Updates to these Terms of Service

We may modify these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Services before the effective date of the changes. In addition, you will be required to accept the new Terms of Service the first time you visit the Service and log in to your user account after the new Terms of Service take effect. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms of Service.

4. Privacy Policy

In connection with your use of the Service, please review our Privacy Policy to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is a part of these Terms, and by agreeing to these Terms, you agree that we may use information collected from or about you in accordance with the Privacy Policy.

5. Account Registration

You agree that the information you provide to ZenFit upon registration and at all other times will be true, accurate, current, and complete. You also agree to keep this information accurate and up-to-date at all times. You are solely responsible for maintaining the security of your account and for all activities that occur under your account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized use of your account ID), you must immediately notify ZenFit. You will be liable for any losses incurred by ZenFit or others due to unauthorized use of your account.

6. Prohibited Activities

You agree that in connection with your use of the Services, you will not:

  1. Use the Services for any improper, illegal, or unauthorized purpose, including collecting usernames and/or email addresses of other users by electronic or other means, using the system to send unsolicited or commercial emails or other communications, or engaging in unauthorized framing, mirroring, or linking to, the Services without our express written consent;
  2. Take any action that would interfere with, disrupt, or create an undue burden on the Service or the networks, infrastructure, or services connected to the Services;
  3. Use any meta tags, "hidden text," agents, robots, scripts, spiders, crawlers or other tools or means, whether manual or automated, to collect, retrieve, scrape, index, mine, republish, redistribute, transmit, sell, license, download, access or manage the Services;
  4. Distribute, transmit, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other technology or material intended to interfere with or cause harm to the Services or users of the Services;
  5. Impersonate any other person or entity, sell or let others use your profile or password, or provide false or misleading identification or address information;
  6. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof;
  7. Violate or interfere with any rights of us, our users, or any other third parties, including intellectual property, privacy, or publicity rights; or
  8. Circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use, access, or copying, or to enforce other limitation of use on the Services.

7. Use of the Services

Our Services are intended for learning or entertainment purposes only. You understand and agree that the Services are not intended or designed to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care tailored to your individual condition and situation. Not all activities described on the Services or Products are suitable for everyone. You assume full responsibility for your use of the Services.

Our Services may be suspended temporarily without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, "Service Interruptions"). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.

8. Termination

Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion, and without notice or liability, deny access to our Services to any person for any reason, including, without limitation, for engaging in the prohibited activities, breach of any representation, warranty or covenant contained in these Terms, or breach of any applicable law or regulation.

9. Purchases and Subscriptions

A. Payments and Fees

Our Services offer certain premium features through a monthly, quarterly, or yearly subscription plan (each, a "Subscription"). You can find descriptions of the features and benefits associated with each Subscription plan within the App. To purchase a Subscription, you must provide a valid, accepted Payment Method (e.g., debit or credit card) through the Apple App Store. By submitting such information, you agree and warrant that the Apple App Store has the right to use or share the information with third parties for payment processing. Your use of the Subscription may also be subject to additional terms and conditions imposed by Apple.

B. Automatically Renewing Subscriptions

When you purchase a Subscription, your Subscription will automatically renew based on the term you select (e.g., on a monthly or yearly basis) until terminated. You authorize us to charge your Payment Method up to 24 hours before the end of the current Subscription term. You can cancel your Subscription in your Apple App Store settings at least 24 hours in advance of the end of your current Subscription term.

C. No Refunds

Payments for Subscriptions are non-refundable. We do not provide partial refunds or credits for unused periods. Following any cancellation, however, you will continue to have access to the premium features of the Services associated with the Subscription you purchased through the end of your Subscription term.

D. Changes to the Price and Subscription Terms

We reserve the right to change our Subscription terms or pricing at any time, which we may determine in our sole discretion. Any Subscription terms or pricing changes will not apply retroactively and will only take effect following notice to you.

E. Free Trial

You may be offered a Free Trial of premium features associated with a paid Subscription. Free Trial eligibility shall be determined by us in our sole discretion, and we may limit eligibility or duration to prevent abuse. At the end of your Free Trial term, your subscription may automatically renew, as stated in the notice that you accept at the time you sign up for the Free Trial.

F. For European Economic Area ("EEA"), Swiss, and United Kingdom ("UK") residents only

Notwithstanding the foregoing, if you are a resident of the EEA, Switzerland or the UK: you have 14 days from the date you signed up for a Subscription to cancel for any reason and receive a refund, provided that we may charge you or withhold from your refund the value of any Subscription used through your account during such period. Please note that if you signed up for a Free Trial, then the 14-day period runs from the date that you signed up for the Free Trial.

To exercise this right, you must inform us of your unequivocal decision to withdraw from your contract in a letter or by email at feedback@zenfit.health.

10. Intellectual Property Rights

Our Services, including all underlying content and materials—such as workout videos, audio recordings, background music, images, text, and other resources—are protected by copyright, trademark, and other intellectual property laws under the United States and international conventions. All rights in and to the Services are owned by ZenFit (or its licensors, where applicable).

Subject to your compliance with these Terms, ZenFit grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. This license does not permit you to reproduce, modify, distribute, publicly perform, publicly display, sell, or otherwise exploit the App or any of its content, unless expressly authorized in writing by ZenFit. All rights not expressly granted to you under these Terms are reserved by ZenFit.

You may make one copy of the App solely for backup or archival purposes, provided that you retain all trademark, copyright, and other proprietary notices contained in the original version.

If you submit any ideas, suggestions, feedback, or other content to ZenFit, you automatically grant (or warrant that the owner of such content has expressly granted) ZenFit a royalty-free, worldwide, perpetual, irrevocable, and unrestricted license to use, reproduce, modify, adapt, publish, display, perform, distribute, or otherwise make available such content (including any associated intellectual property rights), in whole or in part, for any purpose and in any media.

11. Third Party App Stores

You acknowledge and agree that the availability of the Services may be dependent on third-party platforms from which you download the Service, such as the Apple App Store (each a "Third-Party App Store"). You acknowledge that these Terms of Service are between you and Everblessed and not with the applicable Third-Party App Store. The Apple App Store may have its own terms and conditions to which you must agree before downloading the Service. You agree to comply with, and your license to use the Service is conditioned upon your compliance with, the applicable Apple App Store terms and conditions. To the extent that the Apple App Store's terms and conditions are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.

12. Third Party Sites

The Service may contain links to websites operated by third parties ("Third Party Sites"). For example, you may be able to share information with Third Party Sites through links on the Services; however, we do not own or operate the Third-Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Services does not represent, warrant or imply that we endorse any Third-Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws.

These terms of service do not apply to third party sites. Before visiting a Third-Party Site through links or other means provided on or through the service, you should review the Third-Party Site's terms and conditions and privacy policy, and inform yourself of the regulations, policies and practices of these Third-Party Sites.

13. Legal Disputes and Arbitration Agreement (For Users in the United States and Canada)

Please read this section carefully — it may significantly affect your legal rights, including your right to file a lawsuit in court.

A. Initial Dispute Resolution

We are available via email at feedback@zenfit.health to address any concerns regarding your use of the Service. Most concerns can be resolved quickly in this manner. You and the Company agree to make best efforts to resolve any dispute, claim, or disagreement through informal consultation and good faith negotiations before initiating any formal legal action or arbitration.

B. Agreement to Binding Arbitration

If the dispute is not resolved within thirty (30) days of initiating informal resolution under Section 13(A), either party may elect to resolve the issue through final and binding arbitration.

The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, and conducted confidentially. No class actions or representative proceedings are permitted. The arbitrator—not any federal, state, or local court—shall have exclusive authority to resolve all disputes regarding the interpretation, applicability, or enforceability of these Terms. The seat of arbitration shall be California, USA, and the Federal Arbitration Act shall govern.

To the extent the arbitration filing fee exceeds the cost of filing a lawsuit, we will pay the excess. If this applies, you should submit a request to the AAA when initiating arbitration, and we will arrange for the necessary fees to be paid directly to the AAA. The arbitration rules also allow you to recover attorney's fees in certain circumstances.

C. Class Action and Class Arbitration Waiver

You and the Company agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action. You and the Company expressly waive the right to file a class action or seek relief on a class basis.

If any court or arbitrator determines that the class action waiver in this section is unenforceable, then the arbitration provision in Section 13(B) shall be deemed null and void in its entirety, and the parties shall be deemed not to have agreed to arbitrate disputes.

D. Exception – Small Claims

Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

E. 30-Day Right to Opt Out

You may opt out of the arbitration and class action waiver provisions by emailing feedback@zenfit.health within thirty (30) days of first accepting these Terms. If you opt out, neither you nor the Company will be bound by these provisions.

F. Governing Law

These Terms are governed by federal law and the laws of the State of California, without regard to conflict of laws principles.

14. Warranty Disclaimer; Limitation on Liability

A. Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ZENFIT AND ALL ASSOCIATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR SUITABLE FOR YOUR PARTICULAR HEALTH OR FITNESS GOALS.

YOU ACKNOWLEDGE THAT ANY TRAINING PLAN, ACTIVITY SUGGESTION, OR INFORMATION PROVIDED THROUGH THE ZENFIT IS FOR GENERAL WELLNESS PURPOSES ONLY AND IS NOT INTENDED TO BE, NOR SHOULD IT BE CONSTRUED AS, MEDICAL OR PROFESSIONAL ADVICE. ALWAYS CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER BEFORE STARTING A NEW FITNESS PROGRAM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF DATA.

WE MAKE NO GUARANTEES REGARDING THE AVAILABILITY, SECURITY, OR FUNCTIONALITY OF THE SERVICE, AND WE DO NOT WARRANT THAT THE APP OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS SUCH AS VIRUSES OR MALICIOUS CODE.

B. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE ZENFIT OR SERVICES.

WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE FOR:

  • Personal injury resulting from your use of the Service;
  • Interruptions or errors in service availability;
  • Unauthorized access to personal information stored in the App;
  • Any bugs, viruses, or other harmful materials transmitted through the App by third parties.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED FIFTY U.S. DOLLARS (US $50), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

15. Notice to New Jersey Users

Notwithstanding any terms set forth in these Terms of Service, if any of the provisions set forth in Section 14 are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of these Terms of Service shall remain binding on you and the Company. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys' fees, court costs, or other damages are mandated by statue. Notwithstanding any provision in these Terms of Service, nothing in these Terms of Service is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.

16. Notice to California Users

Under California Civil Code Section 1789.3, users located in California entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to feedback@zenfit.health. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-125 or (800) 952-5210.

17. Digital Millennium Copyright Act Policy

We follow the notice and take down provisions of the Digital Millennium Copyright Act (the "DMCA"). In addition, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user Contribution on the Service infringes upon your copyrights, you may submit a takedown notification to us by sending an email to feedback@zenfit.health.

18. General Terms

A. Non-Waiver

Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.

B. Severability

These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

C. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

D. No Modifications by Our Employees

If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

E. Mobile Services

Some of the Services may be available via your mobile phone through the Apps you have downloaded and installed on your mobile phone. Please note that your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices in all jurisdictions. Therefore, you should check with your carrier to find out if the Apps and Services are available for your mobile devices, and what restrictions, it any, may be applicable to your use of them.

F. Entire Agreement; No Waiver

The Terms of Service, together with our Privacy Policy, and any other legal notices published on the Apps or Services, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services. If any provision of the Terms of Service is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.

No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.

19. Contact Information

If you have any questions about these Terms of Service or your account, please contact us at feedback@zenfit.health.