Terms of Service

1. About My90Plan & Acceptance of Terms

The My90Plan platform, mobile application, and related services (collectively, the "Platform") are owned and operated by My90Plan Co. Ltd, a private company limited by shares incorporated in the Republic of Mauritius (Company Number C233649, Business Registration Number C26233649), with its registered office at 342, Morcellement Ruisseau Delices, Ville Noire, Mahebourg, Mauritius ("My90Plan", "we", "us", or "our").

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, do not use the Platform. These Terms apply to all users, including coaches, clients, administrators, and visitors.

2. Service Description

My90Plan is a software tool that assists fitness coaches in creating and managing workout plans for their clients. The Platform includes AI-powered plan generation, an exercise library, client management, progress tracking, messaging, and related features. The Platform is a tool for coaches and clients — it does not provide medical advice, diagnosis, or treatment, and it is not a substitute for professional healthcare.

3. Eligibility & Account Creation

You must be at least 13 years old to use the Platform. Users under the age of 18 must have the consent of a parent or legal guardian, and must use the Platform only under the supervision of a qualified coach. By using the Platform, you represent that you meet these requirements.

Coach accounts are created by My90Plan administrators following manual onboarding. Client accounts are created by coaches via invitation. You are responsible for providing accurate, current, and complete information during registration, and for keeping your information up to date.

4. Subscriptions, Fees & Payments

Access to the Platform is offered in tiers (each a "Wave"). Current Wave pricing and features are displayed at sign-up and in the client billing area.

• Billing cycle — paid subscriptions are billed monthly in advance in US Dollars (USD). We may display approximate prices in your local currency for convenience, but charges are made in USD. Fees are non-refundable except as expressly set out in these Terms (including the 90-Day Progress Promise below) or as required by applicable law.
• Payment processor — subscription payments are processed by Paddle.com Market Limited (United Kingdom), acting as Merchant of Record. Your use of Paddle is subject to Paddle's own terms, which you accept at checkout.
• Taxes — prices displayed may exclude applicable taxes (including VAT, sales tax, or similar). Where Paddle acts as Merchant of Record, Paddle collects and remits applicable taxes on our behalf. You are responsible for any other taxes arising from your use of the Platform.
• Auto-renewal — paid subscriptions automatically renew at the end of each billing cycle at the then-current price, unless cancelled before the renewal date. You may cancel at any time from your billing page; cancellation takes effect at the end of the current billing cycle.
• Price changes — we may change subscription prices on at least 30 days' notice. Continued use after the price change takes effect constitutes acceptance of the new price.
• Failed payments — if a payment fails, we may suspend access until payment is resolved. Repeated failures may result in account termination.
• 90-Day Progress Promise — within your first 90 days, if you have logged at least 80% of your scheduled sessions and you are not satisfied with your progress, you may request a full refund by messaging your coach in-app or emailing support@my90plan.com. Approved refunds are processed within 5–7 business days via your original payment method. Refund decisions for requests outside this scope are at our reasonable discretion.

5. Free Trials & Founder Wave

We may offer free trials or promotional access from time to time. Unless explicitly stated otherwise, free trials convert automatically to a paid subscription at the end of the trial period at the then-current price, unless cancelled beforehand.

Founder Wave (Wave 1). Users explicitly designated by My90Plan as Wave 1 founding members receive complimentary access to the Platform for the duration of their active use ("Grandfathered Access"), subject to these Terms and to continued good-faith use. Grandfathered Access is personal, non-transferable, and may be revoked for breach of these Terms, prolonged inactivity, or if My90Plan ceases to offer the underlying service. Grandfathered Access does not guarantee access to future features, waves, or tiers that may require separate payment.

6. AI-Generated Content

Workout plans generated by the AI are based on the client data the coach provides. The AI does not have access to a client's full medical history and cannot assess physical readiness, injury severity, or medical contraindications beyond what is explicitly provided. AI-generated plans are suggestions only. Coaches are expected to review every AI-generated plan for appropriateness before assigning it to a client. My90Plan makes no representation or warranty that AI-generated content is accurate, complete, safe, or suitable for any particular client.

7. Coach Responsibilities

Coaches using My90Plan are solely responsible for:

• Verifying that all exercises, weights, sets, reps, and progressions are appropriate for each individual client
• Ensuring clients have received medical clearance to exercise, particularly those with pre-existing conditions, injuries, or health concerns
• Reviewing and adjusting all AI-generated plans before activating them for clients
• Monitoring client feedback (pain, difficulty, energy levels) and modifying plans accordingly
• Advising clients to stop exercising and seek medical attention if they experience pain, dizziness, or discomfort
• Maintaining appropriate professional certifications, registrations, and insurance as required by their jurisdiction
• Complying with all laws applicable to the delivery of coaching services, including consumer protection, data protection, and taxation laws in their country of operation

8. Client Acknowledgement & Assumption of Risk

By using My90Plan as a client, you acknowledge and agree that:

• You should consult a qualified healthcare professional before starting any exercise program
• Physical exercise carries inherent risk, including risk of injury, illness, aggravation of pre-existing conditions, and, in rare cases, death. You exercise at your own risk and assume full responsibility for any injuries or adverse outcomes that may result.
• You should immediately stop exercising and notify your coach and a healthcare professional if you experience pain, dizziness, shortness of breath, or any unusual discomfort
• The Platform does not replace the advice of a qualified medical professional
• Workout plans are designed based on information you and your coach provide, and may not account for all health factors — you are responsible for disclosing relevant medical conditions to your coach
• My90Plan is not your coach, does not employ coaches, and does not supervise the professional services your coach provides

9. Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose, or in violation of any applicable law or regulation
• Attempt to gain unauthorized access to other users' accounts, data, or any part of the Platform infrastructure
• Upload malicious content, viruses, worms, or any other harmful code
• Reverse engineer, decompile, disassemble, scrape, or otherwise attempt to extract the source code of the Platform, except to the extent such restriction is prohibited by law
• Impersonate another person, misrepresent your qualifications, or provide false information
• Use the Platform to provide medical advice, diagnosis, or treatment, or to hold yourself out as a medical professional unless you are duly qualified
• Use the Platform to harass, abuse, or harm another person, including other users and their clients
• Resell, sublicense, or commercially exploit the Platform without our prior written consent

10. Intellectual Property

The Platform, including all software, design, text, graphics, the system exercise library, AI prompts, and underlying technology, is the property of My90Plan Co. Ltd and is protected by copyright, trademark, and other intellectual property laws. Coaches retain ownership of content they create (including custom exercises, plan edits, and messages); by uploading such content, coaches grant My90Plan a worldwide, royalty-free, non-exclusive licence to host, display, and process that content as necessary to operate the Platform. AI-generated workout plans are licensed to the coach who generated them for use with their clients, subject to these Terms.

11. User Accounts & Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must not share your login credentials with any other person. Notify us immediately at support@my90plan.com if you suspect any unauthorized access to your account. We may suspend access and require a password reset where we have reasonable grounds to believe your account has been compromised.

12. Termination & Data Export

You may terminate your account at any time by contacting your coach (if you are a client) or by emailing support@my90plan.com (if you are a coach). We may suspend or terminate your account at any time, with or without notice, for breach of these Terms, non-payment, prolonged inactivity, or if we reasonably believe continued access presents a risk to other users, to the Platform, or to My90Plan.

On termination, your access to the Platform will end. Coaches may request an export of their plan data (in JSON format) within 30 days of termination. After that period, we may delete your data subject to our retention obligations described in the Privacy Policy. Sections that by their nature should survive termination (including limitation of liability, indemnification, intellectual property, and governing law) will survive.

13. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, My90Plan disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and that the Platform will be uninterrupted, secure, or error-free. Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded.

14. Limitation of Liability

To the maximum extent permitted by law, and except for liability that cannot be excluded by law, in no event shall My90Plan Co. Ltd, its directors, officers, employees, contractors, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to your use of the Platform, whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

Aggregate liability cap. Our total aggregate liability to you for all claims arising out of or relating to these Terms or the Platform shall not exceed the greater of: (a) the total fees paid by you to My90Plan Co. Ltd in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) MUR 10,000 (ten thousand Mauritian Rupees).

Nothing in this section limits liability for (i) death or personal injury caused by our gross negligence or willful misconduct, (ii) fraud or fraudulent misrepresentation, or (iii) any other liability that cannot be limited or excluded by applicable law.

15. Indemnification

You agree to indemnify, defend, and hold harmless My90Plan Co. Ltd, its directors, officers, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to: (a) your breach of these Terms; (b) your violation of any law or the rights of a third party; (c) your content uploaded to the Platform; or (d) if you are a coach, the professional services you provide to your clients through or in connection with the Platform.

16. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Mauritius, without regard to conflict-of-law rules. The courts of Mauritius shall have exclusive jurisdiction to hear and determine any dispute arising out of or relating to these Terms or the Platform, save that we may bring proceedings in any jurisdiction where you reside or conduct business to enforce our intellectual property rights or recover unpaid fees.

Before initiating formal proceedings, you agree to contact us at support@my90plan.com to attempt a good-faith resolution of the dispute. Nothing in this section prevents either party from seeking urgent injunctive relief from a court of competent jurisdiction.

17. Force Majeure

We will not be liable for any failure or delay in performing our obligations caused by events outside our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, pandemic, government action, failure of power or telecommunications networks, internet outages, or failure of third-party services (including hosting, payment processing, and AI providers).

18. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify registered users by email or in-app notification at least 14 days before the changes take effect, where reasonably possible. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform.

19. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any additional terms presented at sign-up or checkout, constitute the entire agreement between you and My90Plan regarding the Platform.
• Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be replaced by a valid provision that most closely reflects the parties' original intent.
• No waiver. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
• No agency. These Terms do not create any partnership, joint venture, agency, or employment relationship between you and My90Plan.
• Notices. Notices to us should be sent to support@my90plan.com. We may give notices to you by email to the address associated with your account, or via in-app notification.

20. Contact

For questions about these Terms, please contact us at support@my90plan.com or write to us at:

My90Plan Co. Ltd
342, Morcellement Ruisseau Delices
Ville Noire, Mahebourg
Republic of Mauritius
BRN: C26233649