Terms & Conditions

Acceptance of These Terms

These Terms and Conditions ("Terms") govern your access to and use of Fortify, including any websites, mobile applications, software, hardware integrations, application programming interfaces (APIs), dashboards, analytics, reports, training tools, and related services (collectively, the "Platform").

By accessing or using Fortify, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

These Terms apply to all users, including athletes, coaches, trainers, organizations, administrators, and any other individuals or entities accessing Fortify.

Eligibility and Account Responsibility

You must be legally capable of entering into a binding agreement to use Fortify. If you are using Fortify on behalf of an organization, team, school, gym, or company, you represent that you have the authority to bind that entity to these Terms.

You are responsible for:

• —Maintaining the confidentiality of your account credentials
• —All activity occurring under your account
• —Ensuring the accuracy of information you provide
• —Maintaining appropriate security of your account

You agree to notify Fortify immediately of any unauthorized access, security breach, or suspected misuse of your account.

Not Medical Advice / No Healthcare Services

Fortify is not a medical service, healthcare provider, healthcare organization, or medical device.

The Platform does not provide:

• —Medical advice
• —Medical diagnosis
• —Medical treatment
• —Physical therapy services
• —Mental health services
• —Emergency services

All information, analytics, recommendations, insights, readiness scores, performance assessments, recovery indicators, training suggestions, and AI-generated outputs provided through Fortify are for informational, educational, and performance purposes only.

Nothing provided through the Platform should be interpreted as medical advice or as a substitute for consultation with a licensed physician or other qualified healthcare professional.

If you have a medical condition, injury, illness, or health concern, you should consult a qualified healthcare professional before participating in training activities or relying on information provided through Fortify.

In the event of a medical emergency, contact emergency services immediately. Do not rely on Fortify for emergency or urgent care.

Assumption of Risk

You acknowledge and agree that physical training, exercise, athletic testing, and sports participation involve inherent risks, including but not limited to:

• —Physical injury
• —Illness
• —Overexertion
• —Equipment failure
• —Falls or accidents
• —Aggravation of existing conditions

By using Fortify and participating in any activity informed by the Platform, you voluntarily assume all known and unknown risks associated with those activities.

You represent that you are physically capable of participating in training activities and will stop any activity if you experience pain, dizziness, discomfort, injury, or other warning signs.

User Responsibility for Training Decisions

Fortify does not control how athletes train, exercise, recover, or apply information provided through the Platform.

All training, recovery, coaching, programming, and performance decisions are made solely by you, your coach, your organization, or other authorized personnel.

Coaches, trainers, and organizations remain independently responsible for:

• —Program design
• —Exercise selection
• —Load management
• —Athlete supervision
• —Safety decisions
• —Return-to-play decisions
• —Medical referrals

Fortify does not guarantee any performance outcome, improvement, injury prevention, recovery outcome, or specific result.

Wearables, Assessments, Devices, and Third-Party Integrations

Fortify may allow users to connect third-party devices, wearables, assessment systems, hardware, and services, including but not limited to Garmin, Whoop, Oura, InBody, Exsurgo assessment devices, and other supported platforms.

By connecting a supported service or device, you authorize Fortify to access, receive, process, and analyze information made available through that service in accordance with our Privacy Policy.

You acknowledge and agree that:

• —Connecting third-party services is optional and initiated by you
• —Third-party services are governed by their own terms and privacy policies
• —Fortify does not control third-party platforms, devices, data collection methods, or data quality
• —Data received from third parties may be inaccurate, delayed, incomplete, modified, or unavailable
• —Device manufacturers and service providers may modify APIs, permissions, access levels, or available data without notice

Fortify may combine information collected through connected devices, athlete assessments, coach inputs, training history, recovery metrics, body composition measurements, and other available data sources to generate insights, trends, readiness indicators, recommendations, and performance analysis.

Such outputs are intended solely as decision-support tools and should not be interpreted as guarantees of performance outcomes, injury prevention, recovery status, or training effectiveness.

Fortify is not responsible for:

• —Errors or inaccuracies in third-party data
• —Service outages or interruptions
• —Changes to third-party APIs, permissions, or policies
• —Loss of access to historical third-party data
• —Decisions made based on connected-device or third-party data

Disconnecting a third-party service may limit functionality, reporting, recommendations, or access to historical information.

AI, Algorithms, and Data-Driven Insights

Fortify may use algorithms, rules-based systems, machine learning models, and artificial intelligence to generate insights, summaries, recommendations, readiness indicators, and other performance-related outputs.

These outputs may be generated using information from athlete assessments, connected wearable devices, body composition measurements, training activity, recovery data, coach inputs, historical performance information, and other information available to the Platform.

You acknowledge that:

• —AI outputs are probabilistic, not deterministic
• —Outputs depend on data quality, completeness, availability, and assumptions
• —AI-generated outputs are decision-support tools only
• —Coaches and athletes remain responsible for all training and performance decisions

Fortify does not guarantee the accuracy, completeness, reliability, or suitability of AI-generated outputs and makes no representations regarding outcomes derived from their use.

User Data and Content

You retain ownership of personal information and content you submit to Fortify.

By using the Platform, you grant Fortify a non-exclusive, worldwide, royalty-free license to:

• —Store
• —Process
• —Analyze
• —Display
• —Transmit

your information solely for the purpose of operating, maintaining, securing, and improving the Platform.

You also grant Fortify the right to use aggregated, anonymized, or de-identified information for analytics, research, benchmarking, product development, reporting, and platform improvement, provided such information cannot reasonably identify you.

Prohibited Uses

You agree not to:

• —Use Fortify for unlawful purposes
• —Attempt to access another user's data without authorization
• —Reverse engineer, scrape, copy, or exploit the Platform
• —Interfere with platform integrity, security, or availability
• —Upload malicious code or harmful content
• —Use the Platform in a manner that could harm others

Fortify reserves the right to investigate and take appropriate action for violations of these Terms.

Suspension and Termination

Fortify may suspend or terminate access to the Platform at any time, with or without notice, if you violate these Terms or misuse the Platform.

You may terminate your account at any time.

Certain information may be retained after account termination as required by law, security obligations, contractual requirements, or legitimate business purposes.

Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORTIFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF:

• —MERCHANTABILITY
• —FITNESS FOR A PARTICULAR PURPOSE
• —NON-INFRINGEMENT
• —ACCURACY
• —RELIABILITY
• —AVAILABILITY

Fortify does not warrant that the Platform will be uninterrupted, error-free, secure, or free from defects.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORTIFY SHALL NOT BE LIABLE FOR:

• —PERSONAL INJURY
• —LOST PROFITS
• —LOST REVENUE
• —LOST DATA
• —BUSINESS INTERRUPTION
• —INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES

ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FORTIFY'S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO FORTIFY DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, defend, and hold harmless Fortify, Exsurgo Technologies, LLC, its officers, employees, contractors, affiliates, licensors, and partners from any claims, damages, liabilities, losses, costs, or expenses arising from:

• —Your use of the Platform
• —Your training decisions
• —Your violation of these Terms
• —Your violation of applicable laws
• —Your violation of third-party rights

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration in Virginia, except where prohibited by applicable law.

Changes to These Terms

Fortify may update these Terms from time to time.

Updated Terms will be posted on the Platform with a revised "Last Updated" date.

Your continued use of Fortify after such changes become effective constitutes acceptance of the revised Terms.

Contact Information

If you have questions about these Terms and Conditions, please contact us.

Exsurgo Technologies, LLC
fortify.fit
info@exsurgo.us