Terms of Service

Welcome to MAXSTATS! These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Athlete," or "you") and MAXSTATS Fitness Inc. ("MAXSTATS," "Company," "we," "our," or "us"), a corporation incorporated under the federal laws of Canada with its registered corporate office at Office 924, 145 1/2 Church Street, Unit 5, Toronto, Ontario, M5B 1Y4, Canada, governing your access to and use of the MAXSTATS mobile applications (iOS, Android), web applications at maxstats.app, and all related fitness tracking tools, AI features, and gamification services (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A PHYSICAL TRAINING LIABILITY WAIVER & ASSUMPTION OF RISK (SECTION 1), A MANDATORY 30-DAY INFORMAL DISPUTE RESOLUTION REQUIREMENT, A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER (SECTION 11) GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO AND THE LAWS OF CANADA APPLICABLE THEREIN.

By creating an account, downloading, or using MAXSTATS, you signify your irrevocable acceptance of these Terms and our Privacy Policy.

1. Health, Exercise & Medical Liability Waiver & Release

MAXSTATS IS NOT A HEALTHCARE PROVIDER, MEDICAL DEVICE, OR LICENSED FITNESS PROFESSIONAL.

• Inherent Risks of Physical Training: Weightlifting, bodybuilding, powerlifting, high-intensity interval training (HIIT), calisthenics, and cardiovascular endurance sports carry inherent, severe risks of bodily injury, permanent disability, musculoskeletal trauma, rhabdomyolysis, cardiac events (including heart attack, arrhythmia, and stroke), and accidental death.
• Voluntary Assumption of Risk: You voluntarily, knowingly, and freely assume all risks—both known and unknown—associated with your physical training, weight selection, exercise execution, repetitions to failure, and athletic exertion.
• Pre-Participation Medical Clearance & User Warranty: You represent, warrant, and certify that you are in adequate physical condition to engage in strenuous athletic exertion and that you have consulted a licensed physician before starting any training or nutrition program.
• No Fitness Professional or Fiduciary Relationship: MAXSTATS is an automated software tool. Neither MAXSTATS, its software, nor its artificial intelligence features act as your physician, personal trainer, physical therapist, dietitian, or coach. No doctor-patient, coach-client, or fiduciary relationship is created between you and MAXSTATS. You are solely responsible for monitoring your own body and immediately stopping exercise if you feel pain, faintness, or distress.
• Express Release of Liability & Exclusion of Negligence: To the fullest extent permitted by applicable Canadian, provincial, and international law, you release, waive, and forever discharge MAXSTATS Fitness Inc., its parent companies, subsidiaries, affiliates, directors, officers, employees, agents, and contractors from any and all claims, demands, liabilities, lawsuits, damages, losses, or causes of action arising out of or related to your athletic training, workout execution, GPS navigation, equipment use, or use of the Services, INCLUDING ANY CLAIMS ARISING FROM THE NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE.
• California Civil Code § 1542 Waiver (Unknown Claims): You expressly waive and relinquish all rights and benefits under California Civil Code Section 1542 (and any similar statute or common-law principle of any other jurisdiction), which provides:

  "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

  You understand, acknowledge, and agree that this release applies to injuries, damages, medical expenses, or liabilities that are currently unknown, unanticipated, or unsuspected.

2. Artificial Intelligence (Google Gemini API) Estimations Disclaimer

• Algorithmic Approximations Only: All AI features—including AI Body Fat visual estimations, weekly coaching insights, workout volume calculations, and recovery recommendations generated via the Google Gemini API—are automated algorithmic estimates provided strictly for informational and motivational purposes.
• No Diagnostic or Clinical Reliance: AI outputs must NEVER be relied upon as diagnostic tools, clinical health assessments, or medical advice.
• Disclaimer of AI Liability: MAXSTATS disclaims all liability for any physical, emotional, psychological, or dietary harm resulting from your interpretation of or reliance on AI estimations or coaching text.

3. Outdoor GPS Tracking & Environmental Safety

• Athlete Responsibility: When tracking outdoor runs, rides, walks, hikes, or rows, you are solely responsible for maintaining environmental awareness, observing municipal traffic laws, watching for vehicles and pedestrians, and evaluating weather and trail conditions.
• No Device Distraction: You agree never to look at, manipulate, or interact with mobile device screens while in motion in hazardous areas, traffic intersections, or technical terrain.
• Trespassing & Private Property: You agree not to trespass on private property or restricted areas during GPS tracking. MAXSTATS bears no responsibility for athlete routing choices.

4. Eligibility, Account Security & International Trade Sanctions

• Age Requirement: You must be at least 13 years of age, or the minimum age of digital consent required in your country of residence (such as 16 in certain EU member states), to use MAXSTATS.
• Account Safeguarding: You are solely responsible for maintaining the confidentiality of your authentication credentials and for all activities conducted through your account.
• Trade Sanctions & Export Control: You represent that you are not located in an embargoed country or territory (including Cuba, Iran, North Korea, Syria, Crimea, Donetsk, or Luhansk) and are not listed on Canadian (SEMA), U.S. (OFAC SDN), European, or UN sanctions lists.

5. User-Generated Content, Zero-Tolerance Objectionable Content Policy, DMCA & EU Digital Services Act (DSA)

• Zero Tolerance for Objectionable Content and Abusive Behavior: MAXSTATS strictly enforces a zero-tolerance policy against objectionable content and abusive users. There is no tolerance for content or conduct that is hateful, threatening, discriminatory, harassing, defamatory, sexually explicit, obscene, fraudulent, violent, or that encourages self-harm or unlawful acts. You agree that you will not post, upload, transmit, or share any User Content, or engage in any behavior, that violates these standards.
• Immediate Removal & Account Termination: Any user who posts objectionable content or engages in abusive behavior will have their content removed immediately and their account permanently banned or terminated without prior notice.
• Reporting & 24-Hour Moderation Mechanism: Athletes can flag and report objectionable workout posts, inappropriate photos, comments, or abusive athlete profiles directly within the mobile application using the 3-dot options menu and "Report" tools, or by contacting our moderation team at hello@maxstats.app. All submitted reports are reviewed by our moderation team within twenty-four (24) hours, and decisive action—including content deletion and user expulsion—is taken promptly.
• Content Ownership & License: You retain ownership of your workout logs, photos, comments, and squad messages. By posting content, you grant MAXSTATS Fitness Inc. a worldwide, royalty-free license to host and display them according to your chosen Privacy Settings.
• Prohibited Conduct: No harassment, defamatory or unlawful material, GPS spoofing, leaderboard botting, cheating, or reverse-engineering.
• DMCA Safe Harbor (17 U.S.C. § 512): Submit copyright notices to hello@maxstats.app with subject "DMCA Takedown Notice".
• EU Digital Services Act (DSA) Notice & Action: Pursuant to Regulation (EU) 2022/2065, hello@maxstats.app is our single electronic point of contact (in English) for EU authorities and athletes regarding illegal content and content moderation.

6. Gamification, XP, Badges & Virtual Items

• No Monetary Value: Experience points (XP), athlete levels, badges, workout streaks, virtual inventory items, titles, and leaderboard ranks are digital entertainment mechanics with zero real-world monetary value.
• Non-Transferable: Virtual items cannot be redeemed, sold, or exchanged for fiat currency or tangible goods.
• System Balancing: MAXSTATS reserves the right to modify game mechanics, rebalance XP calculations, or reset corrupted/cheated leaderboard entries without liability.

7. Intellectual Property Rights

The MAXSTATS name, logo, visual design, custom UI components, animations, algorithms, graphics, software code, and documentation are the exclusive intellectual property of MAXSTATS and are protected under international copyright, trademark, and trade secret laws.

8. Indemnification (Hold Harmless)

You agree to defend, indemnify, and hold harmless MAXSTATS, its parent company, officers, directors, employees, contractors, and agents from and against any third-party claims, damages, losses, liabilities, settlements, and legal costs (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your User Content; or (d) any physical injury or property damage caused by your actions during athletic training.

9. Disclaimer of Warranties, Limitation of Liability & Australian Consumer Law

• "As-Is" Provision: THE SERVICES ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.
• Limitation of Damages & $100 CAD Cap: Total aggregate liability shall not exceed the greater of $100.00 CAD or fees paid in the preceding 12 months.
• One (1) Year Limitation Period: All claims must be commenced within one (1) year after accrual.
• Australian Consumer Law (ACL) Guarantee Notice: For consumers in Australia, our services come with statutory guarantees that cannot be excluded under Schedule 2 of the Competition and Consumer Act 2010 (Cth). Liability for non-excludable guarantees is limited to resupplying services.

10. Apple App Store, Google Play & EU/UK Right of Withdrawal

• Apple & Google Terms: Concluded between you and MAXSTATS Fitness Inc. only; Apple and Google are third-party beneficiaries.
• EU & UK 14-Day Right of Withdrawal: By accessing digital content or subscriptions immediately upon purchase, you agree performance begins immediately and statutory 14-day withdrawal rights are waived to the extent permitted by law. In-app store refunds are governed by Apple/Google policies. Mandatory local consumer rights remain preserved.

11. Dispute Resolution, Mandatory Informal Resolution, Arbitration, Governing Law & Canadian Consumer Carve-Out

• Mandatory 30-Day Informal Dispute Resolution ("Meet and Confer"): Before initiating any formal legal or arbitral proceeding, you agree to first send a written Notice of Dispute to MAXSTATS Fitness Inc. at hello@maxstats.app or by registered mail to Office 924, 145 1/2 Church Street, Unit 5, Toronto, Ontario, M5B 1Y4, Canada. The Notice must contain your legal name, account username, contact information, a detailed description of the dispute, and the specific relief sought. Both parties agree to use good-faith efforts to informally negotiate and resolve the dispute for a period of thirty (30) days from receipt. No formal legal proceeding or arbitration may be commenced until this 30-day informal resolution period has expired. Any applicable statutory limitation period shall be tolled during this 30-day period.
• Governing Law: These Terms, and any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or your use thereof, shall be governed by, construed, and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
• Jurisdiction & Venue: Subject to the arbitration provisions below, you and MAXSTATS Fitness Inc. irrevocably submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario sitting in the City of Toronto for the judicial resolution of any dispute or lawsuit.
• Mandatory Individual Arbitration: If the dispute is not resolved during the 30-day informal period, any remaining dispute, claim, or controversy shall be resolved exclusively through final and binding individual arbitration. For claims involving Canadian residents, arbitration shall be administered by the ADR Institute of Canada (ADRIC) in accordance with its National Arbitration Rules. For claims involving international or United States athletes, arbitration shall be administered by the American Arbitration Association (AAA) / International Centre for Dispute Resolution (ICDR Canada) in accordance with its International Dispute Resolution Procedures. The legal seat and place of arbitration shall be Toronto, Ontario, Canada, and proceedings may be conducted virtually or by telephone.
• CLASS ACTION AND JURY TRIAL WAIVER: YOU AND MAXSTATS FITNESS INC. AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU SPECIFICALLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
• Canadian Consumer Protection Carve-Out & Severability: If you are an individual consumer residing in a Canadian province or territory (such as Ontario or Quebec) whose applicable mandatory consumer protection laws prohibit pre-dispute mandatory binding arbitration agreements or class action waivers, such restrictions shall not apply to you to the extent prohibited by local statutory law, and any such consumer claim shall be submitted to the competent courts of the Province of Ontario sitting in Toronto, Canada (or the courts of your province of residence where required by mandatory consumer statute).

12. Account Termination & Deletion

You may terminate your account at any time under Profile > Settings > Delete Account. We reserve the right to suspend or terminate accounts that violate these Terms or present a security threat to our community.

13. Contact Us & Official Language

If you have any questions, legal notices, or inquiries regarding these Terms:

• Corporate Entity: MAXSTATS Fitness Inc.
• Registered Corporate Address: Office 924, 145 1/2 Church Street, Unit 5, Toronto, Ontario, M5B 1Y4, Canada
• Website: https://maxstats.app
• Corporate & Legal Email: hello@maxstats.app
• In-App Support: Profile > Settings > Support & Feedback

Language / Langue: The parties confirm that it is their express wish that these Terms and all related documents be drawn up and interpreted in the English language only. / Les parties confirment leur volonté expresse que ces conditions et tous les documents y afférents soient rédigés et interprétés en langue anglaise.