Terms of Service

Effective date: July 13, 2026

These Terms of Service ("Terms") govern your use of the Prevail mobile app and related coaching services (the "Service"), provided by Bradly Smith (sole proprietor, doing business as Prevail) ("Prevail," "we," "us," or "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old to use the Service. By using it, you represent that you are 18 or older and able to enter into these Terms.

2. The Service

Prevail provides personalized fitness and nutrition coaching, including meal and workout plans, the ability to request plan revisions, and progress check-ins. Plans may be generated with the help of automated tools and are reviewed and delivered as a coaching service. Plans are general guidance tailored to the information you provide; they are not medical, dietary, or professional health advice.

3. Medical Disclaimer — Please Read

Prevail is not a medical provider, and the Service is not a substitute for professional medical advice, diagnosis, or treatment. Consult a qualified physician before beginning any exercise or nutrition program, especially if you have a medical condition, are pregnant, are injured, or take medication. Exercise and dietary changes carry inherent risks. By using the Service, you accept those risks and agree that you participate voluntarily and at your own risk. Stop and seek medical attention if you experience pain, dizziness, or other symptoms. You are responsible for exercising within your own limits.

4. Your Account

You are responsible for the accuracy of the information you provide and for keeping your login credentials secure. You are responsible for activity that occurs under your account. Notify us promptly of any unauthorized use. Providing accurate health and goal information helps us build a safe and effective plan for you.

5. Subscriptions, Billing, and Cancellation

• Paid subscriptions are sold and billed through the Apple App Store. Payment is charged to your App Store account, and your subscription is managed in your App Store account settings. By purchasing, you authorize the applicable charges.
• Coaching is provided as an ongoing, real-world service. Your plan and revision allowance are described in the app at the time of purchase (for example, a set number of revision requests within a given period).
• Cancellation: you may cancel your subscription at any time; cancellation stops future billing and takes effect at the end of the current billing period.
• Refunds: All subscriptions are billed by Apple through your App Store account. Refund requests are handled by Apple: go to reportaproblem.apple.com or contact App Store support. We cannot issue App Store refunds directly.

6. Acceptable Use

You agree not to misuse the Service, including by: sharing your account or plans with others, attempting to access other users' data, reverse-engineering or disrupting the Service, or using it for any unlawful purpose.

7. Intellectual Property

The Service, including the app, the Prevail brand, and the meal and workout plans we provide, is owned by Prevail and protected by applicable laws. We grant you a personal, non-transferable, non-exclusive license to use your plans for your own individual use. You may not resell, redistribute, or publicly share the plans or content.

8. Revisions and Coaching Changes

You may request changes to your plan through the app, subject to the revision allowance for your package. Revisions are made by Prevail; clients request changes but do not edit the underlying plan directly.

9. Termination

You may stop using the Service and delete your account at any time from within the app. We may suspend or terminate your access if you violate these Terms or misuse the Service. Sections that by their nature should survive termination (such as disclaimers, intellectual property, and limitation of liability) will survive.

10. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including fitness for a particular purpose. We do not warrant any specific health, fitness, or weight outcome. Results depend on many factors, including your effort, consistency, and individual circumstances.

11. Limitation of Liability

To the fullest extent permitted by law, Prevail and its owners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss arising from your use of (or inability to use) the Service, including any injury or health condition. To the extent liability cannot be excluded, our total liability is limited to the amount you paid us in the 3 months before the event giving rise to the claim.

12. Governing Law

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to its conflict-of-laws rules.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the effective date above and, where appropriate, notify you in the app. Continued use after changes means you accept the updated Terms.

14. Contact Us

Questions about these Terms? Email us at team@joinprevail.com.