Effective Date: January 1, 2026 • Governing Law: Nevada, USA
1. Acceptance of Terms
These Terms of Service (“Terms”) form a legally binding agreement between you (“Coach,” “you,” or “your”) and NOWFit, Inc. (“NOWFit,” “we,” “our,” or “us”). By creating an account, accessing the Platform, or using any of the Services provided by NOWFit, you agree to be bound by these Terms, along with our Privacy Policy and any additional agreements incorporated herein.
2. Overview of the Platform
NOWFit offers a cloud-based coaching infrastructure that empowers coaches, trainers, and wellness professionals to:
- Build and deliver fitness and lifestyle programs
- Track client progress and provide communication through in-app chat and check-ins
- Leverage AI tools for insights and automation
- Manage client billing via integrated payment systems
- Access customizable templates, workout libraries, and scheduling tools
NOWFit does not engage in coaching, health advising, or diagnostics. You retain full responsibility for the relationship between you and your clients. NOWFit is not a covered entity under HIPAA and does not provide healthcare services. If your coaching practice qualifies as a covered entity under HIPAA, you are solely responsible for compliance.
3. Account Registration and Access
To access the Platform, you must:
- Be at least 18 years of age
- Provide accurate business details, including name, email, phone, and tax information
- Maintain a valid payment method on file with our third-party payment provider (Stripe)
You are solely responsible for activity under your account. You agree to keep login credentials secure and to promptly update access for any team members or assistants. In the event of a suspected security breach or unauthorized access, you must notify us immediately at support@nowfitonline.com. NOWFit will investigate and notify affected parties within 72 hours, as required by applicable laws such as CCPA or GDPR.
4. Use of the Platform and Content
You may upload and manage the following types of content:
- Workout plans, training schedules, and challenge templates
- Nutrition guidance, recipe documents, and educational resources
- Video, audio, and PDF content for coaching purposes
You retain ownership of your uploaded content. NOWFit does not claim ownership or redistribute your material outside of your workspace. However, you grant NOWFit a limited license to host, store, and display the content strictly for delivery within the Platform.
You may not:
- Upload material you do not own or have rights to
- Use third-party licensed content without authorization
- Share or distribute copyrighted content that violates the rights of others
NOWFit complies with the Digital Millennium Copyright Act (DMCA) and will respond to valid takedown requests submitted to legal@nowfitonline.com. All content must comply with applicable laws, and NOWFit reserves the right to remove infringing material.
5. Client Relationship and Responsibility
You are solely responsible for:
- Establishing legal agreements with your clients
- Managing client onboarding, disclosures, and waivers
- Ensuring parental consent and safety procedures for any minors
- Providing accurate, legal, and responsible programming and content
NOWFit is not a party to your client agreements and disclaims any liability associated with health outcomes, miscommunication, or service disputes. Coaches must obtain and retain signed parental consent forms or other verifiable documentation for minors, as required by laws such as COPPA in the US or GDPR in the EU. Use in-app tools to document waivers and confirm client medical clearances.
6. AI Services and Data Usage
The Platform includes AI-powered tools that may:
- Provide programming insights or template recommendations
- Flag client disengagement or inactivity
- Help summarize check-ins or suggest communication prompts
By using the Platform, you agree that:
- Anonymized client and coach data may be used to train internal NOWFit AI systems
- AI output is informational and should not replace professional judgment
- You will not represent AI messages as medical advice
Clients may disable direct AI interaction, but their data may still support backend features (e.g., coach dashboards, retention alerts). AI features are beta/experimental and may contain errors. Anonymization follows industry standards (such as removal of direct identifiers per NIST guidelines). Coaches and clients may opt out of all AI data uses, including training and backend processing, through platform settings.
7. Payments and Revenue Share
All payments must be processed through NOWFit’s integrated Stripe system. NOWFit will facilitate billing and remit payments on a regular schedule, typically twice per month.
You authorize NOWFit to:
- Collect subscription, onboarding, or service fees from your revenue
- Deduct applicable transaction and platform fees prior to remitting your payout
NOWFit operates under a revenue share model. Fee percentages vary based on services and coach tier. Applicable onboarding fees and payment processing fees (e.g., Stripe 2.9% + $0.30 per transaction) may also apply.
All fees are non-refundable unless stated otherwise in a signed agreement. Refer to your coach dashboard or signed agreement for current fee schedules and tiers. Any disputes regarding payouts or fees must be raised in writing to support@nowfitonline.com within 30 days.
8. Cancellation and Termination
To cancel your use of the Platform, you must provide at least 90 days written notice. During that period:
- You are expected to continue supporting active clients
- You may export your client data and programs
- You may not attempt to circumvent billing systems or solicit clients off-platform without NOWFit’s approval
NOWFit reserves the right to suspend or terminate your access for violations, suspected fraud, or legal compliance issues. Coaches may appeal suspensions or terminations via support@nowfitonline.com within 30 days. Upon termination, data backups will be retained only as required by law or for up to 30 days to allow for exports and compliance.
9. Acceptable Use Policy
You agree not to:
- Make false claims or impersonate professionals or licensed health providers
- Upload unlawful, abusive, misleading, or infringing content
- Solicit clients off-platform in violation of billing policies
- Circumvent revenue share, AI features, or usage limitations
Violations of this section may result in warnings, suspensions, or permanent account bans. Additional prohibitions include harassment, abuse, or threats toward clients, other coaches, or platform users.
10. Data Privacy and Client Information
You agree to:
- Collect and handle client data in accordance with local, national, and international privacy laws (e.g., GDPR, CPRA)
- Provide accurate privacy information to your clients as needed
- Respect client requests for data deletion, portability, or limitation
NOWFit supports coach access to export client data upon request and retains backup data only for compliance and operational purposes. In the event of a data breach, NOWFit will notify affected coaches, clients, and regulators within 72 hours, as required by applicable laws (such as GDPR or CCPA). We employ TLS encryption for transmissions and encrypted-at-rest storage for sensitive data like health metrics and biometrics.
11. Medical Disclaimers and Liability Waiver
You acknowledge that:
- NOWFit is not a healthcare provider and does not verify your certifications or credentials
- Clients must be advised to consult a physician before beginning any program
- AI-generated content and platform templates are not a substitute for medical advice
You assume full responsibility for:
- Ensuring your services comply with local regulations
- Obtaining signed waivers from clients, including parental consent for minors
- Managing any client disputes, injuries, or health complications arising from your services
NOWFit disclaims all liability for injury, misapplication, or negligence associated with coaching activity.
12. Platform Modifications and Feature Availability
NOWFit may update the Platform at any time, including:
- Adding, removing, or altering AI tools
- Modifying pricing, revenue share terms, or coach tiers (with notice)
- Improving infrastructure, integrations, and analytics features
Where feasible, coaches will receive advance notice of major changes. For material changes affecting privacy rights or data processing, we will seek affirmative consent where required by law.
13. Intellectual Property
All rights not expressly granted in these Terms are reserved by NOWFit. You may not:
- Use NOWFit trademarks, logos, or content for external marketing without approval
- Reverse-engineer, scrape, copy, or create derivative works from the Platform
- License or distribute platform content to third parties
Your uploaded materials remain your property. NOWFit will never use your content for marketing or training unless authorized in writing.
14. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless NOWFit, its employees, contractors, officers, and affiliates from any claims, disputes, liabilities, damages, or legal actions arising out of:
- Your client relationships or billing disputes
- Your use of the Platform or AI tools
- Infringement of any third-party rights
- Misrepresentation of credentials or health advice
15. Limitation of Liability
To the fullest extent permitted by law:
- NOWFit’s total liability will not exceed the lesser of $100 or the total fees paid by you to NOWFit in the past six months
- We are not liable for lost profits, injury, service issues, or data errors related to Platform usage
This clause applies even if the remedy fails its essential purpose.
16. Dispute Resolution
Any disputes arising from these Terms shall be resolved through binding arbitration in Nevada. No class actions or collective proceedings are permitted. Each party bears their own legal costs unless otherwise ordered.
17. Amendments
NOWFit may revise these Terms with 30 days’ notice. Continued use of the Platform after notice constitutes acceptance. For material changes affecting privacy or data rights, we will seek affirmative consent where required by law.
18. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
19. Contact
Support: support@nowfitonline.com
Legal: legal@nowfitonline.com
Privacy: privacy@nowfitonline.com
Last Updated: January 1, 2026