These Terms of Use ("Terms") govern your access to and use of the NXTLVL mobile application (the "App"), operated by NXTLVL Coaching LLC, a Texas limited liability company ("NXTLVL," "we," "us," or "our"). By creating an account or using the App, you agree to these Terms. If you do not agree, do not use the App.
1. Eligibility
You must be at least 13 years old to use the App. By using the App you represent that you are 13 or older and that the information you provide is accurate.
2. What NXTLVL Is
NXTLVL is a general wellness and fitness coaching application. It uses the information you provide and artificial intelligence to generate personalized meal plans, workout programs, coaching insights, and an in-app AI chat coach. The App is a general wellness product. It is not a medical device, and it does not diagnose, treat, cure, or prevent any disease or medical condition.
3. Health and Safety Disclaimer
The App provides general fitness, exercise, and nutrition information for educational and wellness purposes only. It is not medical advice and is not a substitute for advice from a qualified physician, dietitian, or other licensed healthcare professional.
Consult your physician before starting any exercise program, changing your diet, or acting on any plan or suggestion provided by the App, especially if you are pregnant, nursing, elderly, or have any medical condition, injury, or concern. Physical exercise carries inherent risks, including the risk of injury. You voluntarily assume all risks associated with your use of the App and any activity you undertake based on it. If you experience pain, dizziness, or discomfort, stop immediately and seek medical attention.
4. AI-Generated Content
Plans, insights, and chat responses in the App are generated automatically using artificial intelligence. AI-generated content can be inaccurate, incomplete, or not suitable for your individual circumstances, and it is not professional medical, nutritional, or fitness advice. Use your own judgment, and consult a qualified professional before relying on it. The AI Chat is limited to fitness and coaching topics and may decline or redirect off-topic requests.
5. Your Account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at support@nxtlvl.coach of any unauthorized use. You may delete your account at any time from within the App.
6. Subscriptions, Free Trial, and Billing
Access to NXTLVL's full features requires an auto-renewable subscription, purchased through your Apple App Store account. The following terms apply:
- The current subscription price, billing period, and any free-trial length are displayed in the App and on the App Store before you confirm your purchase.
- If your subscription includes a free trial, it converts automatically into a paid subscription at the end of the trial unless you cancel at least 24 hours before the trial ends.
- Your subscription renews automatically at the end of each billing period unless you cancel at least 24 hours before the end of the current period. Your Apple ID account is charged for renewal within 24 hours before the period ends.
- You can manage or cancel your subscription at any time in your Apple ID account settings under Subscriptions. Cancellation takes effect at the end of the current billing period.
- Any unused portion of a free trial is forfeited when you purchase a subscription, where applicable.
7. Refunds
All purchases are processed by Apple. Refunds are handled solely by Apple in accordance with the App Store's policies. NXTLVL does not process, control, or guarantee refunds, and cannot issue refunds directly. Refund requests must be made to Apple through your App Store account.
8. Acceptable Use
You agree not to: misuse the App or interfere with its operation; attempt to access another user's data; reverse engineer, decompile, or extract source code or models from the App; use the App to build a competing product; or use the App for any unlawful purpose. We may suspend or terminate your access for any violation of these Terms.
9. Intellectual Property
The App, including its software, design, text, graphics, and branding, is owned by NXTLVL Coaching LLC and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use, subject to these Terms. The plans generated for you are for your personal use only.
10. Third-Party Services
The App relies on third-party services, including Apple, Google (Firebase and Gemini), and RevenueCat. Your use of the App may also be subject to their terms. We are not responsible for the practices or availability of third-party services.
11. Disclaimer of Warranties
The App is provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that any content, plan, or result will meet your expectations or produce any specific outcome.
12. Limitation of Liability
To the maximum extent permitted by law, NXTLVL Coaching LLC and its owners, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to your use of or inability to use the App, including any injury, health outcome, or reliance on AI-generated content. To the maximum extent permitted by law, our total liability for any claim relating to the App will not exceed the amount you paid to us, through the App Store, in the twelve months before the claim arose.
13. Indemnification
You agree to indemnify and hold harmless NXTLVL Coaching LLC and its owners, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your use of the App, your violation of these Terms, or your violation of any law or the rights of a third party.
14. Termination
We may suspend or terminate your access to the App at any time if you violate these Terms or if we discontinue the App. You may stop using the App and delete your account at any time. Sections that by their nature should survive termination (including Sections 9 through 13) will survive.
15. Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Before filing any formal claim, you agree to first contact us at support@nxtlvl.coach so we can try to resolve the dispute informally. Any dispute that cannot be resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in the State of Texas, and you consent to that jurisdiction and venue.
16. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and notify you in the App where appropriate. Your continued use of the App after an update means you accept the revised Terms.
17. Contact
NXTLVL Coaching LLC
support@nxtlvl.coach
nxtlvl.coach