Effective 2026-10-17
These terms are an agreement between you and Bergie Industries LLC ("we", "us") about your use of the Acta Fit app for iPhone and Apple Watch, the actafitapp.com website, the Acta Fit AI connector, and the AI coach in the app (together, "Acta Fit"). By creating an account, or by using Acta Fit, you agree to these terms and confirm that you are at least 16 years old and able to agree to them. If you do not agree, do not use Acta Fit. Our Privacy Policy explains how we handle your information.
Acta Fit is a workout-tracking app that you use signed in with Apple; its account-based features include an AI coach inside the app, where we have turned it on for your account, and let an AI assistant you connect read your training data. Acta Fit is new software under active development: features may change or be withdrawn, and despite our backups data may be lost, so keep your own copies (the app can export your data). These features depend on third parties (Apple, iCloud, Apple Health, Supabase, Cloudflare, the AI and voice providers that run the AI coach, and the AI assistants you connect) and may be interrupted or discontinued.
Acta Fit is not a medical device and does not provide medical advice, diagnosis, or treatment. Its numbers — including estimated one-rep maxes, strength percentiles, heart-rate zones, calories, effort scores, and weights and progressions suggested by plans or programs — are estimates that can be wrong, and are not a substitute for professional advice. Talk to a doctor before starting or changing an exercise program, especially if you have a medical condition, injury, or are pregnant. Stop exercising and seek help if you feel pain, dizziness, or shortness of breath. In an emergency, call your local emergency number.
Exercise, including lifting weights and endurance training, carries a risk of injury, illness, and in rare cases death. You choose your workouts, loads, and intensity, and you voluntarily assume those risks, to the extent the law allows.
The AI coach is an AI. It is not a person, a doctor, a physical therapist, a dietitian or a licensed coach, and it does not give medical advice, diagnosis or treatment. It writes replies by predicting text, so it can be wrong, out of date or unsuitable for you; we built rules and checks around it, and they cannot catch everything. It helps you train and does not treat: if you have pain, an injury or a health condition it can suggest ways to train around it and will point you to a doctor or physical therapist. It does not screen your health, so if you are unsure whether it is safe for you to train, ask a doctor first. If you describe warning signs such as chest pain, fainting or loss of feeling, it will tell you to get medical care. In an emergency, call your local emergency number; the coach cannot call for help.
You choose whether and how to follow any suggestion. A plan the coach proposes changes nothing until you review and accept it in the app. Tell us if a reply seems unsafe (support@actafitapp.com).
The AI coach is available only in the United States, to signed-in people who are 18 or older, and only on accounts we have turned it on for; you confirm your age and agree to the notice in the app when you turn it on. We may limit, slow, pause, change or withdraw it at any time, for you or for everyone, for example to stay within usage limits, for safety or cost, or because of an outage at us or a provider, and we roll it out in stages. Each month your account has a usage allowance for the coach. As you get close to it the coach may give shorter answers or switch to a lower-cost mode (which may turn off cloud voices), and once you reach it the coach may pause until the month resets. If it is unavailable, the rest of the app works as before. Don't try to get around its safety checks or usage limits, to extract its instructions, or to use it to train other models.
This section is about assistants you connect, not the AI coach, which we run. Connecting an AI assistant is optional. When you connect one, you direct us to make your Acta Fit data available to it, and its provider handles that data under the provider's own terms and privacy policy, not ours. We do not control AI assistants or their output. What an assistant tells you — including training plans, loads, or advice about pain or injuries — may be inaccurate, incomplete or unsafe; it is not medical advice and is not endorsed by us. Use your own judgment and a qualified professional. A plan an assistant proposes changes nothing in the app until you review and accept it.
You sign in with Apple to use Acta Fit. Keep your Apple Account secure; you are responsible for activity on your Acta Fit account. You can delete your account at any time in the app.
Your workout data is yours. You give us permission to store, copy, process and transmit it only as needed to provide Acta Fit to you, as described in the Privacy Policy, and to make it available to services you connect and to our service providers, including the AI providers that run the AI coach. You are responsible for the content you enter, including notes.
Don't attempt to access other users' data, probe, overload or disrupt the service, get around its limits or security, reverse engineer it except where the law allows, use the connector or API beyond your own account's data, or use Acta Fit for anything unlawful.
If you send us feedback or suggestions, we may use them without obligation to you.
Acta Fit, its software, design, and content belong to us or our licensors. We give you a personal, revocable, non-transferable, non-exclusive licence to use the app on Apple devices you own or control, as permitted by these terms and by the App Store's usage rules. Training programs, names and links to third-party websites shown in the app belong to their owners; we do not endorse and are not responsible for third-party websites.
Acta Fit is a paid membership with a free trial. The monthly plan can start with a free trial for new subscribers where the App Store offers one, and Apple bills the membership through the App Store. The price, the length of any free trial and what happens when it ends are shown in the app before you subscribe; the billing terms are in "Membership and payment" below. We may give some people access without charge, for example testers, and may end that access. If we add other paid features or change the price, we will show the price and any additional terms before you pay.
You can stop using Acta Fit and delete your account at any time. We may suspend or end your access if you break these terms, if needed to protect the service or other users, or if we discontinue Acta Fit; where practical we will give notice so you can export your data. Sections that by their nature should survive (for example disclaimers, limits of liability and disputes) survive termination.
To the extent the law allows, Acta Fit is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not promise that Acta Fit will be uninterrupted, error-free, or that data will never be lost. Some jurisdictions do not allow these exclusions, so some may not apply to you.
To the extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost data, profits or goodwill, and our total liability for all claims relating to Acta Fit is limited to the greater of the amount you paid us for Acta Fit in the twelve months before the claim and US$100. Nothing in these terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, fraud, or gross negligence or wilful misconduct, and nothing affects rights you have as a consumer that cannot be waived.
Before filing a claim, please email us so we can try to resolve it informally. These terms are governed by the laws of the State of California and applicable US federal law, without regard to conflict-of-law rules. Claims must be brought in the state or federal courts located in California, except that either of us may bring a qualifying claim in small-claims court. If you live outside the United States, you may also have the benefit of mandatory consumer-protection laws and courts of your country of residence.
We may update these terms. For material changes we will give notice in the app or on our website before they take effect, and the effective date above will change; if you are signed in we may ask you to accept the new terms. Changes do not apply to disputes that arose before they took effect. If you keep using Acta Fit after the changes take effect, the new terms apply; if you do not agree, stop using Acta Fit and delete your account.
Acta Fit on iPhone and Apple Watch is sold as an auto-renewing membership through Apple's App Store: a monthly plan and an annual plan, at the prices shown in the app before you subscribe. The monthly plan may start with a free introductory period; when it ends, the plan renews at the stated price unless you cancel at least 24 hours before the end of the current period. Payment is charged to your Apple ID account, Apple handles billing, renewals, refunds and cancellation, and your subscription renews automatically until you cancel it in your Apple ID settings (Settings → your name → Subscriptions on your device). Cancelling stops the next renewal; you keep access until the end of the period you have paid for. We do not receive your payment details. Refund requests go to Apple at reportaproblem.apple.com; we may also help from support@actafitapp.com. Prices may change; Apple will tell you before a price change applies to you and you can cancel before it does.
If you got the app from Apple's App Store:
Apple's Standard Licensed Application End User License Agreement also applies; if it conflicts with these terms, these terms control to the extent Apple allows.
These terms and the Privacy Policy are the whole agreement between you and us about Acta Fit. If a provision is unenforceable, the rest stays in effect. Our not enforcing a provision is not a waiver. You may not transfer these terms; we may transfer them as part of a merger, acquisition or sale of assets.
Bergie Industries LLC, 2108 N St Ste N, Sacramento, CA 95816, United States. Questions about these terms: support@actafitapp.com.
Acta Fit is developed by Bergie Industries LLC, a California limited liability company. Questions: support@actafitapp.com.