Terms of Service

Last updated: July 6, 2026

These Terms of Service (“Terms”) are a legal agreement between you and Evaluant LLC (“Evaluant,” “we,” “us,” or “our”) and govern your access to and use of the Hefity mobile application and the website at hefity.com (together, the “Service”). By downloading, accessing, 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 13 years old (or the minimum age of digital consent in your country) to use the Service. By using the Service, you represent that you meet this requirement and that you are able to form a binding contract.

2. Your account

Some features require an account. You are responsible for the accuracy of the information you provide, for keeping your credentials confidential, and for all activity that occurs under your account. Notify us promptly at support@hefity.com if you suspect any unauthorized use.

3. License to use the Service

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the Service for your own personal, non-commercial use. This license is also subject to the Apple App Store Licensed Application End User License Agreement, which applies to your use of the app.

4. Your content

You retain all rights to the content you create in the Service, such as your workouts, programs, custom exercises, and notes (“Your Content”). You grant us a limited license to host, store, back up, and transmit Your Content solely to operate and provide the Service to you (for example, to sync it across your devices). You are responsible for Your Content and for keeping your own copies of anything important to you.

5. Acceptable use

You agree not to:

• Use the Service in violation of any applicable law;
• Attempt to gain unauthorized access to the Service, other accounts, or our systems;
• Interfere with or disrupt the integrity or performance of the Service, including by introducing malware or overloading our infrastructure;
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent permitted by law; or
• Copy, resell, or commercially exploit the Service or its content without our permission.

6. Health & fitness disclaimer

Hefity is a fitness-tracking tool and does not provide medical advice. The Service is not a substitute for professional medical or fitness guidance. Consult a qualified professional before beginning any exercise program, and stop and seek medical attention if you experience pain or discomfort. You use the Service and perform any exercises at your own risk.

7. Intellectual property

The Service, including its software, design, text, graphics, and logos, is owned by Evaluant or its licensors and is protected by intellectual-property laws. Except for the rights expressly granted to you in these Terms, we reserve all rights in the Service. “Hefity” and related marks are trademarks of Evaluant LLC.

8. Third-party services

The Service relies on third-party providers (such as our cloud and email infrastructure) and may link to third-party content. We are not responsible for third-party services or content, and your use of them may be subject to their own terms.

9. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service if you violate these Terms or if we reasonably believe it is necessary to protect the Service or other users. Upon termination, the licenses granted to you end, and the sections that by their nature should survive (such as content ownership, disclaimers, limitation of liability, and governing law) will continue to apply.

10. Disclaimers

The Service 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 Service will be uninterrupted, error-free, or secure, or that any data will be preserved or accurate.

11. Limitation of liability

To the maximum extent permitted by law, Evaluant and its officers, 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 related to your use of the Service. To the maximum extent permitted by law, our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us for the Service in the twelve months before the claim or fifty U.S. dollars ($50).

12. Indemnification

You agree to indemnify and hold harmless Evaluant from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your misuse of the Service or your violation of these Terms or applicable law.

13. Governing law

These Terms are governed by the laws of the United States and the State of [State], without regard to its conflict-of-laws rules. You agree that any dispute not subject to arbitration will be resolved in the state or federal courts located in that state, and you consent to their jurisdiction. Nothing in these Terms limits any mandatory consumer-protection rights available to you under the law of your place of residence.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Service after an update means you accept the revised Terms.

15. Contact

Questions about these Terms? Contact us at support@hefity.com.

Evaluant LLC