Terms of Service

1. Agreement to Terms

By accessing or using ShiftwithAI (“the Service”, “we”, “us”) at shiftwith.ai, you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service.

2. Nature of the Service

ShiftwithAI uses third-party AI systems, selecting the model it views as best suited for a given task, to generate personalized rehab program suggestions based on intake information you provide. While we design the prompts, logic, safety guardrails, and overall experience, the underlying program content is produced by automated AI systems and has not been individually reviewed by a licensed healthcare provider before being presented to you.

We do not control the outputs of third-party AI providers, and program content may contain errors, omissions, or recommendations that are not appropriate for your specific condition. You are responsible for exercising judgment about what you follow.

3. Not Medical Advice

The Service does not constitute medical advice, diagnosis, or treatment. Nothing on this platform, including AI-generated exercise programs, symptom analysis, or any other content, should be interpreted as a substitute for professional medical advice, diagnosis, or treatment from a qualified and licensed healthcare provider.

Always consult a qualified physician, physiotherapist, or other appropriate healthcare professional before beginning any exercise program, particularly if you have a known medical condition, injury, or have been advised to limit physical activity.

If you are experiencing a medical emergency, call emergency services immediately. Do not rely on this Service in any emergency situation.

4. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent that you are 18 or older and have the legal capacity to enter into this agreement.

5. Assumption of Risk

Physical exercise carries inherent risks including, but not limited to, musculoskeletal injury, aggravation of existing conditions, and cardiovascular events. By using the Service and following any program generated through it, you voluntarily assume all such risks. You are solely responsible for:

• Obtaining medical clearance before starting any exercise program.
• Modifying or discontinuing exercises that cause pain, discomfort, or adverse symptoms.
• Using appropriate technique, equipment, and environment.
• Recognizing and responding to warning signs during exercise.

6. Red Flag Screening

The Service may include automated screening for serious medical symptoms (“red flag conditions”) based solely on your self-reported answers. This screening is not a medical assessment and is not exhaustive. A red flag result does not constitute a diagnosis; it is an automated signal that you should seek professional medical advice before proceeding. The absence of a red flag result does not mean your condition is safe to self-manage.

You must not use the Service as a substitute for urgent or emergency medical care.

7. Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or non-infringement.

We do not warrant that:

• AI-generated programs are clinically appropriate, accurate, or safe for your specific condition.
• The Service will be uninterrupted, error-free, or free of harmful components.
• Results obtained through the Service will meet your expectations or health goals.
• Any third-party AI provider will continue to operate or maintain service availability.

8. Limitation of Liability

To the maximum extent permitted by applicable law, ShiftwithAI, its operators, directors, employees, and agents shall not be liable for any:

• Personal injury, aggravation of injury, or death resulting from use of or reliance on AI-generated exercise programs.
• Indirect, incidental, special, consequential, or punitive damages.
• Loss of data, revenue, profits, or goodwill.
• Damages arising from errors, omissions, or inaccuracies in AI-generated content.
• Damages arising from the acts or omissions of any third-party AI provider.
• Any outcome resulting from your decision to follow or not follow program content.

In jurisdictions that do not allow the exclusion of certain warranties or limitation of liability, our liability is limited to the greatest extent permitted by law. In all cases, our maximum aggregate liability to you shall not exceed the total fees paid by you to us in the three (3) months preceding the claim.

9. Third-Party AI Services

The Service integrates with third-party AI providers. You acknowledge that:

• Your intake data and ongoing symptom feedback are transmitted to and processed by these providers.
• We are not responsible for the accuracy, safety, or appropriateness of their outputs.
• These providers may change, limit, or discontinue their services at any time.
• You are subject to the terms and privacy policies of those providers when their systems process your data.

10. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and share your personal and health-related data. By using the Service, you consent to the data practices described in the Privacy Policy.

You retain ownership of the personal data you submit. We retain your data only as long as needed to provide the Service or as required by law. Upon cancellation, you may request deletion of your data in accordance with our Privacy Policy.

11. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law.
• Attempt to reverse-engineer, scrape, or circumvent any part of the platform.
• Submit false or misleading intake information.
• Use the Service on behalf of another person without their explicit consent.
• Resell, redistribute, or commercially exploit content generated through the Service.

12. Payments, Cancellation, and Refunds

Subscription fees are charged monthly. You may cancel at any time; cancellation takes effect at the end of the current billing period, and you retain access until that period ends.

We offer a 30-day money-back guarantee. If you have followed your program consistently for 30 days and are not seeing progress, contact us. We will either adjust your program or issue a refund for the most recent month’s subscription. Refund eligibility is assessed at our reasonable discretion and is limited to one refund per customer.

13. Termination by Us

We reserve the right to suspend or terminate your access to the Service if you violate these Terms, submit fraudulent information, engage in abusive behavior toward staff, or if required by law. Where reasonable, we will provide notice before termination.

14. Intellectual Property

The ShiftwithAI platform, brand, user interface, prompt systems, and proprietary logic are owned by us. Personalized program content delivered through the Service is licensed to you for personal, non-commercial use only and may not be resold or redistributed.

15. Governing Law and Disputes

These Terms are governed by the laws of Ontario, Canada, without regard to conflict of law principles. Any dispute arising out of these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Toronto, Ontario under the rules of the ADR Institute of Canada, with each party bearing its own costs unless the arbitrator decides otherwise.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or in-platform notice at least 14 days before they take effect. Continued use of the Service after the effective date of revised Terms constitutes your acceptance.

17. Contact

Questions about these Terms: shiftwithai@gmail.com