Terms of Use

1. Acceptance of Terms

By accessing or using WiseoFit ("the Platform", "we", "us"), you agree to these Terms of Use and our Privacy Policy. If you do not agree with any part of these terms, do not use the platform.

Your acceptance is recorded at the time of account creation (clickwrap agreement), including a timestamp and the version of these Terms in force at that time, as required by LGPD (Brazil), GDPR (EU), and applicable US consumer protection laws.

2. Who We Are

WiseoFit is operated by WiseoFit Lda, a company incorporated in Portugal (EU), also operating in Brazil. Our registered contact for legal and privacy matters is: privacidade@wiseofit.com.

3. Description of Service

WiseoFit is a digital fitness and nutrition support platform offering tools for workout tracking, diet planning, hydration, body metrics, check-ins, and AI-generated personalized suggestions. The platform also supports professional coaches, personal professionals, and nutritionists in managing their clients.

To provide accurate protocols, you authorize WiseoFit to share the minimum necessary health and performance data with professionals linked to your active plan (coach, personal professional, and/or nutritionist), under role-based access controls and LGPD/GDPR safeguards.

We also operate an affiliate program that allows partners to earn commissions by referring new users to the platform.

3.1 Professional Access and Conduct

Professionals linked to an active student service (coach, personal professional, and/or nutritionist) may access the minimum data required to build and review protocols with technical accuracy, always under role-based controls and confidentiality duties.

• Data categories may include profile, goals, assessment, body metrics, active workout plan, active nutrition plan, and adherence history.
• Coach accounts can operate in both training and nutrition domains.
• Personal Professional and Nutritionist accounts can view cross-context protocol information required for care continuity, while creation/publication actions remain limited to each professional scope.
• Any use or disclosure of student data outside service delivery is prohibited and may result in account suspension and legal reporting.

These controls are implemented to support LGPD and GDPR principles of purpose limitation, necessity, and data minimization.

4. AI-Generated Content — Important Disclaimer

WiseoFit is not liable for health damages resulting from use without appropriate professional guidance.

5. User Registration and Responsibilities

• You are responsible for the accuracy of the information provided during registration.
• You must be at least 18 years old, or have verifiable parental or guardian consent, to use the platform.
• Sharing login credentials is prohibited.
• Professionals (Personal Professionals, Nutritionists) are solely responsible for the accuracy of any professional registration numbers (e.g. CREF, CRN, IPDJ, NASM) declared on the platform. WiseoFit does not verify these numbers — they are self-declared.
• You agree not to use the platform for any unlawful purpose or in violation of applicable laws in your jurisdiction.

6. Subscriptions, Payments and Refunds

• Paid plans are billed as described on the pricing page.
• A free trial period, when available, lasts 7 days and is available to first-time subscribers only.
• Cancellation may be made at any time in account settings, taking effect at the end of the current billing period.
• Refund window: Refund requests must be submitted within 14 days of the original purchase date. This uniform policy satisfies EU Directive 2011/83/EU (14-day right of withdrawal) and exceeds the minimum required under Brazil CDC Art. 49 (7 days).
• One refund per customer lifetime: WiseoFit issues at most one refund per customer across all products. A prior approved refund on any product makes the customer ineligible for future refunds, except in cases of billing error or platform failure. This policy is disclosed at checkout and constitutes a condition of service.
• No trial for returning subscribers: The 7-day free trial is only available to first-time subscribers. Accounts that previously held a subscription are not eligible for a second trial period.
• Material use extinguishes the right of withdrawal: In accordance with EU Directive 2011/83/EU Art. 16(m) and CDC Art. 49 doctrine on personalized services:
  • App subscription: Extensive use of core features (workout logging, AI diet generation, coach messaging) constitutes material use.
  • Coach membership plans: Delivery of a personalized workout plan or diet plan by the professional after the membership start date extinguishes the right of withdrawal.
  • AI credits: Any consumption of purchased AI credits constitutes use that extinguishes the refund right for that purchase.
• EU/EEA users: By activating your plan at checkout, you expressly consent to the immediate start of digital service delivery and acknowledge that you thereby waive your 14-day right of withdrawal under Directive 2011/83/EU Art. 16(m). This waiver is recorded with a timestamp as a LegalAcceptanceEvent in our systems.
• Brazil users: Under CDC Art. 49, the right of withdrawal within 7 days does not apply once the service has been initiated with the consumer's prior consent and knowledge, as provided at checkout.
• US users: No federal statutory refund obligation applies to digital services. Refunds are governed by this policy and applicable state law.
• To request a refund, use the in-app option in Settings → Account → Danger Zone → Request subscription refund within the applicable window. For cases outside the window or exceptional circumstances, contact privacidade@wiseofit.com.

6a. Payouts to Professionals and Affiliates

Amounts owed to professionals and affiliates are subject to a 7-day validation period after the originating transaction, during which we verify the absence of chargebacks and refunds. After this period, the payout may be requested manually through the platform. WiseoFit reserves the right to withhold payouts linked to disputed or refunded transactions.

This policy applies under all jurisdictions: in Brazil as a B2B contractual condition; in the EU, Directive 2011/83/EU does not apply to B2B relationships; in the US, no statutory restriction applies. The 7-day hold is a standard fraud-prevention measure consistent with card network rules.

All payments between students and professionals linked to the platform must be made exclusively through WiseoFit. It is prohibited to request, accept, or offer payments outside the platform for services initiated or managed within it. Violations may result in account suspension or termination, forfeiture of pending commissions, and reporting to applicable authorities.

6b. Fraud Prevention and Early Fraud Warnings

In the event of a fraud alert detected by our payment processor (Stripe Early Fraud Warning), WiseoFit may proactively cancel access and issue a refund to the cardholder, without requiring a user request. This action is taken to protect the cardholder and is consistent with card network policies (Visa, Mastercard), PSD2 (EU), and applicable consumer protection legislation.

Such proactive refunds are recorded in our systems with source STRIPE_EFW and count toward the one-refund-per-lifetime limit described in Section 6. Refund issuance under this section does not constitute an admission of liability.

7. Affiliate Program

• Participation in the affiliate program is subject to additional terms accepted at registration.
• Commissions are earned on qualifying referrals within a 30-day attribution window.
• Affiliate commission rates are displayed at registration and subject to change with 30 days notice.
• Fraudulent referrals, self-referrals, or violation of program rules will result in immediate termination and forfeiture of pending commissions.
• Affiliates are independent contractors and not employees, agents, or partners of WiseoFit.

8. Intellectual Property

All content on the platform (text, images, code, design, AI models, and trademarks) is the property of WiseoFit or its licensors. Reproduction, distribution, or commercial use without prior written authorization is prohibited. User-generated content (e.g. workout logs, check-in photos) remains the property of the user; by uploading it, you grant WiseoFit a limited license to display and process it solely to provide the service.

9. Limitation of Liability

WiseoFit does not guarantee specific health, aesthetic, or performance outcomes. The platform is provided "as is" without warranties of uninterrupted availability. To the maximum extent permitted by applicable law, we are not liable for indirect, incidental, or consequential damages arising from use of the platform.

EU/EEA users: Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded under EU law.

10. Data Protection Rights

We process your personal data in accordance with our Privacy Policy. Depending on your location, you have the following rights:

• EU/EEA (GDPR): Right to access, rectification, erasure ("right to be forgotten"), restriction of processing, data portability, and to object. You may also lodge a complaint with your national supervisory authority.
• Brazil (LGPD): Rights under Art. 18 LGPD, including access, correction, anonymization, portability, deletion, and revocation of consent.
• California (CCPA): Right to know, right to delete, right to opt-out of the sale of personal information, and right to non-discrimination.
• All users: You may delete your account at any time in Settings → Danger Zone, which permanently removes your data within 30 days.

To exercise your rights, contact: privacidade@wiseofit.com

11. Modifications to These Terms

We may update these Terms at any time. Active users will be notified of material changes by email or in-app notification at least 15 days in advance (30 days for EU users, as required by the Digital Services Act). Continued use after notification constitutes acceptance of the updated Terms. If you do not accept the new Terms, you may delete your account before they take effect.

12. Governing Law and Dispute Resolution

EU/EEA users: These Terms are governed by Portuguese law. Disputes may be submitted to the competent courts of Portugal or, for consumer disputes, to the alternative dispute resolution entity in your country of residence.

Brazil users: These Terms are also governed by Brazilian law (LGPD, CDC). The courts of the user's domicile apply to consumer disputes, per the Consumer Defense Code.

Other jurisdictions: Disputes shall be resolved in the courts of Portugal, applying Portuguese law, except where mandatory local consumer protection laws provide otherwise.

13. Contact

For questions about these Terms: privacidade@wiseofit.com