Terms of Service

These terms are the agreement between you and the business that operates Fit Pro CEO AI ("we", "us"), which sells Fit Pro CEO AI ("Coach Will") at fitproceo-ai.com (the "Service"). By applying, creating an account, subscribing or using the Service, you agree to them.

They work together with:

• the Privacy Policy, which explains how we handle personal data;
• the Cancellation and Refund Policy;
• the AI section below (section on AI), which explains what the AI is and is not; and
• the Data Processing Addendum in section 19, which covers personal data you collect through the Service (for example leads from your landing pages).

If you use the Service for a business, you accept these terms on behalf of that business and confirm you are allowed to.

Important: section 21 contains a binding arbitration agreement, a class-action waiver and a jury-trial waiver. You can opt out of arbitration within 30 days, as explained there.

• You must be at least 18 years old. The Service is not for children.
• The Service is built for people running a coaching or fitness business, and is meant for business use. If you are a consumer (acting mainly outside your trade or business), you still get the protections consumer law gives you, and where these terms say so, they apply to you differently.
• Access may require an application. We decide who is a fit, and we may decline or delay an application without giving a reason.
• The information you give us (in your application, at checkout and in your account) must be true and kept up to date.

There are no passwords. You sign in with a one-time code we email to you. Anyone who can read your email can sign in to your account, so:

• keep your email account secure (a strong password and two-factor sign-in help);
• never share a sign-in code with anyone. We will never ask you for one;
• sign out on shared devices; and
• tell us straight away at support@fitproceo-ai.com if you think someone else has accessed your account.

An account is for one person. Do not share it, resell access or let a team use one login. You are responsible for what happens in your account, except where it is caused by our own failure.

Coach Will is an AI assistant for coaching businesses. It answers questions using a library built from Will Nelson's coaching material, holds voice calls, reviews material you share (such as ads, offers, VSLs and sales calls), and creates documents, PDFs and landing pages for you.

• Coach Will is an AI, not Will Nelson. Will Nelson does not personally read or write the answers. His material trains the AI and he shares in the revenue of the Service.
• Fair use limits. Plans include limits, for example messages per day, call minutes and video minutes. Your current limits and usage are shown in the settings menu. We may adjust limits to keep the Service reliable for everyone; if we reduce them materially we will tell you first.
• Changes. We improve the Service all the time, so features will change. We will not remove a core feature you paid for during a billing period without telling you and, where the change is material and to your disadvantage, letting you cancel.
• Availability. We aim for the Service to be available at all times but do not promise it will be uninterrupted. It depends on third-party providers (hosting, AI models, email, payments) and may pause for maintenance or when a provider has an outage or usage limit.

• Price. Membership is US$497 per month, plus any sales tax or VAT that applies where you live (added at checkout), unless a different price was shown to you at checkout. The price shown at checkout is the one that applies.
• Taxes included. Prices are in US dollars and include any applicable sales tax or VAT. Your bank may charge its own fees, for example for currency conversion.
• Payments through Whop. Payments are processed by Whop, Inc. ("Whop"). Whop may act as the reseller or merchant of record for the payment, which means Whop may be the party that charges your card, handles tax and issues your receipt. Whop's own terms and privacy policy apply to the payment itself. We never see or store your full card details.
• Automatic renewal. Your subscription starts when your payment goes through and renews automatically every month on the same day, charging the then current price to your saved payment method, until you cancel.
• Failed payments. If a renewal payment fails, Whop may retry it. Access can pause until payment succeeds, and ends if the membership is not paid.
• Price changes. We will tell you at least 30 days before a price increase takes effect for your subscription. You can cancel before then. If you keep your membership after the change takes effect, the new price applies from your next renewal.

You can cancel at any time from your Whop account or by emailing support@fitproceo-ai.com. You keep access until the end of the period you have paid for, and you will not be charged again. All payments are final and are not refunded, except where the law requires it (for example the 14-day withdrawal right of EU and UK consumers) or where we charged you in error.

The details, including how the withdrawal right works for consumers, are in the Cancellation and Refund Policy.

You agree not to use the Service, or anything it creates, to:

• break any law, or infringe anyone's rights (including privacy, intellectual property and publicity rights);
• upload or create illegal, hateful, harassing, sexually explicit or violent content, or content that exploits minors;
• send spam, run phishing or scams, impersonate anyone, or collect personal data through your pages in a deceptive way;
• publish false or misleading claims, including fake testimonials, invented results, income claims you cannot back up, or health, medical or weight-loss claims that are not lawful and truthful where you advertise;
• scrape, copy or systematically extract the Service, its answers or Will's library (for example to build a dataset or a competing product), or use bots or automated tools to access it, except the features we provide;
• reverse engineer, decompile or try to get the source code, prompts, models or underlying data of the Service, except where the law allows it despite this restriction;
• probe, test or get around security, rate limits or usage limits, or disrupt the Service or other members;
• share, sell or rent your account or sign-in codes, or let people outside your account use it;
• use the Service to make decisions with legal or similarly significant effects on people (for example about employment, credit or health) without appropriate human review; or
• upload other people's personal data unless you are allowed to (see section 19).

We may remove content or take down a page that breaks these rules, and in serious cases suspend your account (see section 15).

"Your content" means everything you put into the Service: messages, voice input (as text), files, recordings, links, business details, numbers, photos and the details of connected tools.

• You own it. We claim no ownership of your content.
• Licence to run the Service. You give us a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display your content only as needed to provide, secure and support the Service for you, including sending it to the providers listed in the Privacy Policy. This licence ends when your content is deleted, apart from backups that expire on their normal cycle and anything we must keep by law.
• Not shared with other members. Your content is not added to the shared library that answers other members. We may use aggregated information that does not identify you or your business (for example how often a feature is used) to improve the Service.
• Your responsibility. You confirm you have the rights and permissions needed for the content you upload, including recordings of calls with other people and photos of clients.

Recordings and videos you upload for review are deleted from storage right after they are transcribed. The transcript stays in your account with the conversation.

• You own the outputs. As between you and us, you own the answers, scripts, documents, PDFs and pages the Service creates for you, and you may use them in your business. To the extent we have any rights in them, we assign them to you. This does not give you rights in Will's underlying material or our software (see section 11).
• No guarantee of uniqueness. AI tools can produce similar outputs for different people. Other members may receive similar answers, scripts or designs, and we cannot promise an output is original or protected by copyright in every country.
• Check before you use. Outputs can be wrong, incomplete or out of date. Review them before you rely on them or publish them, especially any claims, prices, guarantees or legal wording.

The Service can publish landing pages for you on an address under fitproceo-ai.com, or on your own domain, with lead forms that collect the name, email, phone number and message of your visitors. When you publish a page:

• You are the publisher. You are responsible for the page, its claims and offers, and your compliance with advertising, consumer, health-claim and platform rules where you market it.
• You control your leads' data. For personal data collected through your forms, you are the controller and we act as your processor under section 19. You must tell your visitors who you are and how you use their data (for example with a privacy notice linked near the form), have a lawful basis for using it, and get consent before sending marketing where the law requires it.
• No abuse. Pages may not be used for spam, phishing, impersonation, malware or deceptive claims.
• While you are a member. Pages are hosted while your membership is active. If it ends, we may take pages offline. Download anything you want to keep before then. Custom domains you connect remain yours.

The Service, its software, design, prompts and the library built from Will Nelson's coaching material, together with the names and brands shown in it, belong to us, to Will Nelson or to our licensors. Subject to these terms and while your membership is active, we give you a personal, non-exclusive, non-transferable right to use the Service for your own business.

You may use what Coach Will tells you in your own business. You may not republish, sell or share Will's material or substantial parts of the library, use it to train another AI, or present it as your own coaching program.

If you send us ideas or feedback, we may use them without owing you anything. If you believe something in the Service infringes your rights, email support@fitproceo-ai.com and we will look into it promptly.

You are interacting with an AI system. Its answers are generated automatically and can be wrong, incomplete, out of date or not right for your situation, even when they sound confident. The voice on calls is a synthetic voice modelled on Will Nelson's, not Will speaking live.

The Service gives general business education and ideas. It is not financial, investment, legal, tax, accounting, medical, nutritional or mental-health advice, and it does not create a professional relationship of any kind. Get advice from a qualified professional before making decisions in those areas, and use your own judgment for every business decision.

We do not promise that you will earn any amount of money or reach any result by using the Service. Examples, figures, projections and case studies (on our website, in Will's material or in answers) are illustrations. They are not typical results and not a promise of yours.

Your results depend on many things we do not control, including your offer, market, effort, skills, budget and timing. Many businesses that follow similar advice do not see the same results, and some lose money. Any business carries risk.

Testimonials and endorsements. Any testimonial or success story we show reflects that person's own experience. It is not typical and does not mean you will get the same result. Will Nelson, whose material the Service is built on, has a financial interest in the Service (he shares in its revenue), and so may anyone else we disclose as a partner or affiliate when they recommend it.

If you publish testimonials, results or income claims in pages or content made with the Service, they must be real, typical of what your clients get (or clearly labelled as not typical), and backed by evidence, as the U.S. Federal Trade Commission and similar laws elsewhere require.

The Service relies on and connects to services run by others, such as Whop for payments, your browser's speech recognition for calls, and tools you choose to connect (for example Meta Ads, GoHighLevel, your booking link, Instagram or website). Their own terms apply to your use of them. We are not responsible for their content, availability or practices, and a connection may stop working if they change their service.

When you connect a tool, you let us access it on your behalf only as needed to provide the feature you asked for. You can disconnect it at any time from the Integrations page.

You can stop using the Service and cancel at any time. We may suspend or end your access, remove content or take pages offline if:

• you seriously or repeatedly break these terms, or we reasonably suspect fraud or abuse;
• you do not pay;
• we need to, to comply with the law or a request from an authority, or to protect members, visitors or the Service; or
• we stop offering the Service.

Where it is reasonable, we will warn you first and give you a chance to fix the problem. If we end your access without you being at fault, or stop offering the Service, we will refund the unused part of any period you have paid for. After your access ends, sections that by their nature should continue (for example ownership, liability, indemnity and governing law) still apply.

Apart from what these terms say, the Service is provided "as is" and "as available". To the extent the law allows, we give no other promises or warranties, for example that the Service will meet your needs, be error free, or that outputs will be accurate, lawful for your use or achieve any result.

If you are a consumer, you keep the rights the law gives you for digital services, including that the Service must match its description and be fit for its purpose. Nothing in these terms takes those rights away.

To the extent the law allows:

• we are not liable for indirect or consequential losses, or for loss of profits, revenue, business, opportunity, goodwill or data, arising from your use of the Service or its outputs; and
• our total liability for all claims relating to the Service is limited to the fees you paid us in the 12 months before the event that caused the claim.

What we do not limit. Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud, for harm caused intentionally or through gross negligence, or any other liability that cannot be limited under the law that applies, including your mandatory rights as a consumer. Some states and countries do not allow certain limits, so some of the above may not apply to you.

If you use the Service for a business, you will cover our reasonable costs and losses (including reasonable legal fees) from third-party claims that arise from your content, your landing pages and what you publish or send with them, how you use personal data you collect, or your breach of these terms or the law. We will tell you about the claim promptly and let you take part in the defense. This section does not apply to consumers.

This section applies where we process personal data on your behalf, as your processor under Article 28 of the GDPR (and the UK GDPR where relevant) and as your service provider under US state privacy laws. That covers, for example, the name, email, phone and message of people who fill in lead forms on your pages, and personal data of your clients or prospects that you upload (such as a sales-call recording or a list of clients). For your own account data, we are the controller and the Privacy Policy applies instead.

Your role

You are the controller. You decide why this data is collected and you are responsible for having a lawful basis for it, giving the people concerned a privacy notice, and handling their requests. Do not upload special category data (such as health information about identifiable clients) unless you have a lawful basis and it is needed.

What we do

• Instructions. We process the data only to provide the Service to you (storing leads, emailing them to you, showing them in your account, and analysing material you ask Coach Will to review) and on your documented instructions, which are these terms and your use of the Service. We tell you if we believe an instruction breaks data protection law.
• Confidentiality. Only people who need access to run or support the Service can access the data, and they are bound by confidentiality.
• Security. We use appropriate technical and organizational measures, including encryption in transit, access control, hashed sign-in codes and session tokens, and deletion of uploaded recordings after transcription.
• Subprocessors. You authorize us to use the providers listed in the Privacy Policy as subprocessors. We have contracts with them that protect the data at least as well as this section. We will update that list before adding or replacing a subprocessor; if you object on reasonable data protection grounds, you may cancel your membership.
• International transfers. Some subprocessors are in the United States. Transfers rely on the safeguards described in the Privacy Policy (the EU-U.S. Data Privacy Framework where the provider is certified, otherwise the European Commission's Standard Contractual Clauses).
• Helping you. We help you, as far as is reasonable, to answer requests from the people concerned (you can see leads in your account, and we delete individual leads on request), and with security, breach notification and data protection impact assessments.
• Breaches. We tell you without undue delay after becoming aware of a personal data breach affecting this data, with the information you need to meet your own obligations.
• Deletion. When you delete a page, its leads are deleted with it. When your account is deleted, we delete this data, except where the law requires us to keep it. Backups expire on their normal cycle.
• Audits. We make available the information reasonably needed to show we meet this section, and allow reasonable audits on 30 days' written notice, no more than once a year unless a regulator requires it.

Details. Subject matter and duration: providing the Service while your account exists. Nature and purpose: hosting, storage, transmission, transcription and AI analysis. Types of data: contact details and message content of leads, and any personal data in material you upload. Data subjects: your leads, prospects and clients, and anyone else in your uploads.

These terms are governed by the laws of the State in which we are organized, United States, and applicable US federal law (including the Federal Arbitration Act), without regard to conflict-of-law rules. Any dispute that is not arbitrated under section 21 will be heard only in the state or federal courts located in that State, and you and we consent to their jurisdiction.

Consumers outside the US. If you are a consumer living in the European Union, the United Kingdom or another country whose laws give you rights that cannot be waived by contract, you keep those rights, including the right to bring a claim in the courts where you live. Nothing in these terms, including section 21, takes them away.

Please read this section carefully. It affects your rights, including your right to go to court.

Talk to us first

Before starting any claim, email support@fitproceo-ai.com with a description of the problem and what you want. We will try to resolve it with you informally for 60 days. Most issues are solved this way.

Binding individual arbitration

If we cannot resolve it, you and we agree that any dispute arising out of or relating to these terms or the Service will be settled by binding individual arbitration, not in court. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules if you use the Service as a consumer, or its Commercial Arbitration Rules otherwise, before a single arbitrator. It may take place by video, phone or written submissions, or in person in the county where you live or another place we both agree on. The arbitrator may award the same individual relief a court could. Judgment on the award may be entered in any court with jurisdiction. If you are a consumer, we will pay any filing, administration and arbitrator fees beyond what you would pay to file in court, unless the arbitrator finds your claim frivolous.

Exceptions

• Either of us may bring an individual claim in small-claims court, if it qualifies.
• Either of us may ask a court for an injunction to stop infringement or misuse of intellectual property, or unauthorized access to the Service.

No class actions

You and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative action. The arbitrator may not combine more than one person's claims. If this class-action waiver is found unenforceable for a claim, that claim (and only that claim) will go to court, not arbitration.

Jury trial waiver

To the extent the law allows, if a claim goes to court instead of arbitration, you and we waive any right to a jury trial and the claim will be decided by a judge.

Your right to opt out

You can opt out of this arbitration agreement within 30 days of first accepting these terms, by emailing support@fitproceo-ai.com with your name, the email on your account and a clear statement that you opt out of arbitration. Opting out does not affect the rest of these terms.

Time limit

To the extent the law allows, any claim must be started within one year after it arises, or it is permanently barred.

We may update these terms, for example when we add features or the law changes. For material changes we will give you at least 30 days' notice by email or in the app before they take effect. If you do not agree, you can cancel before the change applies. Otherwise the new terms apply from your next billing period. The date at the top shows when these terms last changed.

• These terms and the documents they link to are the whole agreement between you and us about the Service.
• If a court finds part of these terms unenforceable, the rest stays in force, and the part is applied as far as the law allows.
• If we do not enforce a right straight away, we can still enforce it later.
• We may transfer these terms to someone who takes over the Service, as long as your rights are not reduced. You may not transfer them without our written consent.
• We are not responsible for delays or failures caused by events beyond our reasonable control.
• These terms are written in English. If they are translated, the English version applies unless the law says otherwise.

Questions about these terms: support@fitproceo-ai.com.

• Seller: Fit Pro CEO AI
• Email: support@fitproceo-ai.com