Effective Date: January 1, 2025
Last Updated: 8/16/2025
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Pomegranate Planning LLC ("Company," "we," "us," or "our") governing your use of the Hero Fitness AI mobile application and website at usehero.fit (collectively, the "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that:
HERO FITNESS AI IS NOT A MEDICAL SERVICE AND DOES NOT PROVIDE MEDICAL ADVICE. The information, guidance, and programs provided through our Services are for informational and educational purposes only and are not intended as a substitute for professional medical advice, diagnosis, or treatment.
ALWAYS CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE BEGINNING ANY EXERCISE PROGRAM OR MAKING ANY FITNESS-RELATED DECISIONS.
BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE VOLUNTARILY PARTICIPATING IN PHYSICAL ACTIVITIES AT YOUR OWN RISK AND ASSUME ALL RISK OF INJURY, ILLNESS, DAMAGE, OR DEATH THAT MAY RESULT.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
This license does not allow you to:
Hero Fitness AI offers a subscription service with the following terms:
Billing: You authorize us to charge your payment method on a recurring basis for the subscription fee. Your subscription will automatically renew unless you cancel it before the renewal date.
Cancellation: You may cancel your subscription at any time through your iPhone settings. Cancellation will take effect at the end of the current billing period.
Refunds: All payments are final and non-refundable, except as required by law or as determined by Apple's App Store policies. We do not provide refunds for partial subscription periods.
You retain ownership of any content you submit to our Services ("User Content"), including photos for AI transformation. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with providing and improving our Services.
AI-transformed photos created by our Services are owned by Pomegranate Planning LLC. You are granted a non-exclusive license to use these transformed photos for personal, non-commercial purposes. You may share these photos publicly, but you may not sell, license, or commercially exploit them without our written permission.
You agree not to:
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of Pomegranate Planning LLC or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at usehero.fit/privacy.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POMEGRANATE PLANNING LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
You agree to defend, indemnify, and hold harmless Pomegranate Planning LLC, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Class Action Waiver: YOU AGREE THAT ANY DISPUTES SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Waiver of Jury Trial: YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.
Exception: Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction of such courts.
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely matches the intent of the original provision.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pomegranate Planning LLC regarding the use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page, updating the "Last Updated" date, and sending you an email notification. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.
If you have any questions about these Terms, please contact us:
Pomegranate Planning LLC
Email: hello@usehero.fit
Website: usehero.fit
BY USING HERO FITNESS AI, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.