Terms and Conditions

Executive summary

1. Acceptance and legal capacity

These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you (the “User”) and XYPHOS.FITNESS, a platform operated by an individual engaged in business activity, with address at Cumbres Madeira 50 B, Boca del Río, Veracruz, México, CP 94293 (hereinafter “Xyphos” or “we”).

By creating your account, checking the acceptance box or using the Xyphos platform in any form, you represent that:

• You are at least 18 years old and have full legal capacity to enter into this agreement
• You have read and accept these Terms in full
• You have read and accept the Privacy Notice of Xyphos
• The information you provide is truthful, complete and up to date, and you undertake to keep it so

Your electronic acceptance of these Terms has full legal effect pursuant to Article 1803 of the Mexican Federal Civil Code and applicable e-commerce regulations.

2. Description of the service

Xyphos is a mobile app that allows you to:

• Create, adopt and log training routines
• Track your progress (measurements, photos, workout history)
• Access educational and gamification content (streaks, XP, badges)
• On the Premium plan: receive personalised routines and nutrition plans generated with AI assistance and reviewed by a human Xyphos administrator before delivery

2.1 Free plan

• Account registration and use at no cost
• Access to publicly available preset routines
• Manual workout logging with sets, reps and weight
• Basic body measurement tracking
• Access to gamification and history

2.2 Premium plan (subscription)

• Generation of a personalised training routine based on your initial questionnaire and the data you provide
• Generation of a personalised nutrition plan (optional)
• Change requests (routine, nutrition or both) handled by our AI flow with human review
• Priority support by email

The service is offered in its current and available form. Xyphos may add, modify or discontinue specific features with prior notice, while maintaining the spirit and general purpose of the contracted service.

3. Premium subscription

3.1 Pricing and plans

• Monthly: MXN $399 per month, billed at the start of each monthly cycle
• Annual: MXN $3,999 per year (equivalent to MXN $333/month), billed at the start of the annual cycle

Prices include VAT where applicable. They may be updated in the future with prior notice under section 9; price changes do not apply to active subscriptions until their next billing cycle.

3.2 Payment processing

Charges are processed through Apple App Store (iOS). Xyphos does not store your full card details. Apple processes payment information under its own terms and security policies; Xyphos only receives the transaction identifier and subscription status.

3.3 Automatic renewal

Your Premium subscription renews automatically at the end of each cycle (monthly or annual) until you cancel. In accordance with Article 76 Bis of the Mexican Federal Consumer Protection Law:

• We will send you a reminder by email at least 5 calendar days before each renewal, stating the amount, billing date and how to cancel if you do not wish to continue
• Authorisation of recurring charges is separate from your acceptance of these Terms: you grant it explicitly when contracting Premium
• The amount and frequency of charges are those described in section 3.1

3.4 Cancellation

You may cancel your subscription at any time from your account, under Settings → Subscription → Cancel, in 1 tap and with no penalty.

• Cancellation stops future charges but does not generate a pro-rated refund for the current cycle: you retain Premium access until the end of the period already paid
• After cancellation your account reverts to the Free plan; your data are retained per the Privacy Notice
• Cancelling the subscription does not delete your account. For full deletion write to hola@xyphos.fitness

3.5 Platform refund policy

Refund conditions depend on the platform through which you purchased your Premium subscription.

3.5.1 Subscriptions via Apple App Store (iOS)

Subscriptions purchased within the iOS Xyphos app are processed through Apple. Apple handles refunds under its own policies, and Xyphos does not process refunds for subscriptions purchased via Apple.

• Request a refund at reportaproblem.apple.com or from your iOS device under Settings → Your name → Subscriptions
• When Apple approves a refund, we receive automatic notification via App Store Server Notifications V2 and revoke your Premium access immediately

4. Acceptable use and prohibitions

The intended use of the platform is exclusively:

• Use Xyphos solely for personal purposes and in accordance with these Terms
• Provide truthful information in your profile and questionnaire
• Keep your credentials confidential and notify us immediately of any unauthorised access to your account
• Do not share, assign or resell your account to third parties

You shall not:

• Reverse-engineer, decompile, scrape or attempt to extract the source code, models or structure of the app
• Use bots, automated scripts or other mechanisms to access the app outside the intended interface
• Upload illegal, offensive, defamatory or third-party rights-infringing content
• Impersonate another person or register with false data
• Attempt to circumvent technical restrictions, usage limits or security measures of Xyphos
• Use Xyphos to sell, commercialise or redistribute content to third parties

Non-compliance may lead to immediate account suspension under section 10, with no right to refund of the unused fraction of the cycle.

4.3 Acceptance of data processing

By accepting these Terms you acknowledge and accept the processing of your personal data described in the Privacy Notice, including expressly the following secondary purposes regarding your non-sensitive contact data (name and email address):

• Their use for marketing and advertising communications of Xyphos
• Their possible transfer or commercialisation to third parties for advertising purposes

These purposes never include your sensitive data (health, measurements, plan), which are never shared or commercialised for advertising purposes. They are optional: you may object to them at any time, without affecting your access to the service, under section 5 of the Privacy Notice. Processing of sensitive data to generate your plans and the specific consent for the AI assistant chat (section 5 of these Terms) are governed by their own express consent described in the Notice.

5. User content

You retain ownership of all content you upload to Xyphos: progress photographs, measurements, InBody files, notes and any other information you enter.

By uploading content, you grant us a worldwide, non-exclusive, royalty-free, time- and purpose-limited licence, exclusively to:

• Host and back up that content in our infrastructure
• Display it to you within your private account
• Process it strictly as necessary to generate and adjust your personalised plan

This licence terminates automatically when you delete the content or your account, subject to the reasonable technical backup and deletion timescales described in the Privacy Notice.

Explicit commitments regarding your content:

• We will not use your content to train our own AI models
• We will not share your content publicly or with third parties for their own purposes
• Transmission to external AI providers to generate your plan (OpenAI) is carried out per the Privacy Notice and under commercial agreements that prohibit use for model training
• The AI assistant chat (Premium feature) is different: it is processed by an external provider (Kimi / Moonshot AI, headquartered in Singapore, group with parent in China) that may use the conversation to train and improve its models. This constitutes an international transfer of sensitive personal data outside Mexico. For that reason the chat requires a separate, express consent given through your signature, distinct from that given at account creation. It is optional and revocable (by writing to hola@xyphos.fitness): if you do not grant or you revoke it, only the chat is disabled; the rest of Xyphos works normally. See section 7 of the Privacy Notice

6. Intellectual property

The names “Xyphos”, logos, trademarks, design systems, software, exercise database, editorial content and any other element of the platform are the property of XYPHOS.FITNESS or are duly licensed to it.

By contracting the service, you are granted a personal, non-transferable, non-exclusive and revocable licence to use Xyphos during the term of your subscription and in accordance with these Terms. This licence does not constitute a transfer of ownership and does not entitle you to:

• Reproduce, distribute or commercially exploit the content or software of Xyphos
• Remove copyright or trademark notices
• Create derivative works from protected elements of Xyphos

7. Important health notice

The training routines and nutrition plans generated by Xyphos are guidance-based and educational. They are based on the information you provide and are produced with AI model assistance and reviewed by a human Xyphos administrator before delivery.

Before starting any exercise programme or nutritional change, especially if you have pre-existing medical conditions, are pregnant or breastfeeding, take medication, have injuries or any other condition affecting your health, consult a qualified and competent doctor, nutritionist or other healthcare professional.

During exercise, if you experience unusual pain, dizziness, difficulty breathing, palpitations, nausea or other symptoms, stop the activity immediately and seek medical attention.

By using Xyphos you acknowledge that all physical activity carries an inherent risk of injury, discomfort or adverse effects. You voluntarily assume those risks and declare that you are in the physical and mental condition necessary to perform the suggested activities, or that you have consulted a healthcare professional who has authorised them for you.

8. Limitation of liability

The service is provided “as is” and “as available”. While Xyphos makes reasonable efforts to maintain a continuous, error-free service, it does not guarantee uninterrupted operation, total absence of failures, or that the service will meet specific expectations or results of the User.

To the maximum extent permitted by applicable Mexican law and respecting the non-waivable rights that the Federal Consumer Protection Law recognises for the User:

• Xyphos shall not be liable for indirect, incidental, special, consequential or punitive damages arising from the use of or inability to use the service
• Xyphos shall not be liable for physical injuries or adverse health effects arising from following routines or plans generated by the platform, provided the User has accepted the health notice (section 7), provided truthful information, and Xyphos has not incurred gross negligence or wilful misconduct in the human review of plans
• Xyphos’s total cumulative liability for any claim related to the service shall not exceed the amount effectively paid by the User in the 12 months preceding the event giving rise to the claim

This limitation does not apply to damages caused by Xyphos’s wilful misconduct or gross negligence, nor does it exclude the rights that Mexican law recognises as non-waivable for consumers.

9. Modifications to these Terms

We may update these Terms when required by changes in legislation, our operating practices or our service offering. When material changes occur:

• We will publish the new version at this same URL
• We will update the “Last updated” date in the header
• We will notify you by email and/or via a visible notice in the app at least 30 calendar days before the changes take effect
• If changes affect your active Premium subscription or your essential rights, you may cancel before they take effect with no penalty and with a pro-rated refund for the unconsumed period

Continued use of the service after the new Terms take effect constitutes your acceptance of them.

10. Account, suspension and termination

Xyphos may suspend or cancel your account, in whole or in part, without liability when:

• You or we detect fraudulent or improper use of the platform
• You materially breach these Terms or the Privacy Notice
• A competent authority requires it under applicable law
• We identify that the account belongs to a person under 18 years of age (immediate deletion)

We will notify you whenever materially possible and, except in cases of fraud or illegality, give you a reasonable opportunity to remedy the breach.

You may cancel your account at any time. The effects on your data are governed by the Privacy Notice.

Xyphos reserves the right to interrupt, modify or alter the content and/or access to the website and app at any time and without prior notice, whether for technical, security, control, maintenance or power-supply reasons or any other cause.

11. Governing law and jurisdiction

These Terms are governed by the federal laws of the United Mexican States. For their interpretation, performance and enforcement the parties submit to the jurisdiction of the competent courts of Mexico City, expressly waiving any other forum that may correspond to them by reason of their present or future domicile.

The foregoing is without prejudice to the consumer’s right to resort to the Federal Consumer Protection Agency (PROFECO) or to the authorities of their domicile where applicable law permits.

12. Contact

For any question, complaint, refund request or exercise of rights relating to these Terms:

• Email: hola@xyphos.fitness
• Postal address: Cumbres Madeira 50 B, Boca del Río, Veracruz, México, CP 94293

For matters relating to personal data, see the Privacy Notice.

Last updated: May 30, 2026.