Terms of Service

These Terms of Service form a binding agreement between you (the person using the app) and Nigel Schat, sole trader, registered in the Netherlands, operating the by Nigel mobile application and the website at bynigel.fit. Throughout these Terms we use "we", "us" or "our" to refer to that sole trader, and "the service" to refer to the app and any related coaching provided through it.

By creating an account or otherwise using the service you confirm that you have read, understood, and agree to these Terms and to our Privacy Policy. If you do not agree, do not use the service.

You must be at least 18 years old to create an account or use the service. By using the service you represent that you meet this requirement and that any information you provide during sign-up and onboarding is accurate.

by Nigel is a personal fitness coaching app. After you complete an onboarding questionnaire the app produces a draft 4-week training programme using AI, which is then reviewed and approved by a human coach (Nigel) before it is delivered to you. You can then track workouts, log progress, exchange messages with your coach, and (where applicable) receive updated programmes over time.

Parts of the service rely on artificial intelligence (specifically the Anthropic Claude API). You should be aware that:

• AI may produce inaccurate, incomplete, or otherwise inappropriate suggestions.
• Every AI-drafted programme is reviewed and approved by Nigel before it reaches you. AI-drafted content that has not been reviewed is never delivered. The human review is the safeguard against AI error and is part of the value of this service.
• Even with that review, the service is not infallible. You remain responsible for assessing whether any exercise, weight or intensity is appropriate for you on any given day.
• Our Privacy Policy describes exactly what data is sent to the AI provider and on what basis.

The service provides general fitness coaching. It does not constitute medical advice, diagnosis, treatment, or therapy.

• Consult a qualified physician or other appropriate healthcare professional before beginning any new exercise programme, especially if you have an existing medical condition, are pregnant or postpartum, are recovering from injury or surgery, or are taking medication that affects your physical capacity.
• You participate in any exercise activity entirely at your own risk. Strength training, conditioning and other physical exercise carry inherent risks of personal injury and, in rare cases, more serious harm.
• By using the service you confirm that you have no condition that would make exercise unsafe for you, or that you have been cleared by a qualified physician to participate.
• Stop any exercise immediately and seek medical attention if you experience pain, dizziness, shortness of breath, chest discomfort, or any other symptom that concerns you.
• Information shared with your coach through the in-app chat is not a substitute for professional medical care and should not be relied upon as such.

You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Notify us immediately at info@bynigel.fit if you suspect any unauthorised use.

Some parts of the service are paid. If you subscribe through the Apple App Store, the following standard terms apply:

• Payment will be charged to your Apple ID account at confirmation of purchase.
• The subscription automatically renews unless auto-renewal is turned off at least 24 hours before the end of the current period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the price of your selected plan.
• You can manage and cancel your subscription by going to your Apple ID Account Settings after purchase.
• Any unused portion of a free trial period, where offered, will be forfeited when you purchase a subscription.

App Store purchases are processed by Apple. Refund requests for App Store purchases are handled by Apple via reportaproblem.apple.com.

If you are a consumer in the European Union, the United Kingdom or Switzerland, you have the statutory right to withdraw from a distance contract within 14 days of purchase without giving a reason, by sending us a clear statement at info@bynigel.fit. By starting to use the digital coaching service within those 14 days you expressly request immediate performance and acknowledge that you lose the right of withdrawal once the service has been fully performed (e.g. once your reviewed programme has been delivered).

You agree not to:

• Use the service in a way that is unlawful, harmful, harassing, defamatory, or that infringes the rights of others;
• Attempt to access another user's account or any system you are not authorised to access;
• Reverse engineer, decompile, or attempt to extract the source code of the app, except to the extent permitted by law;
• Use the service to develop a competing product, scrape or redistribute our content, or train any machine-learning model on our content;
• Submit false, misleading or malicious information through the app, including in messages to your coach.

You retain ownership of the content you submit (workout logs, progress photos, messages, check-in notes). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit and display that content solely for the purpose of operating the service for you. We will not use your content for marketing or publish it without your explicit, separate consent.

The app, the programmes delivered through it, the website, and all related text, graphics, logos, code and design are owned by us or our licensors and are protected by copyright and other intellectual property laws. You receive a personal, non-transferable, non-exclusive, revocable licence to use the service for your own training. No other rights are granted.

The service depends on third-party services (Apple App Store, our backend host, the AI provider, the email-delivery provider — see our Privacy Policy for the full list). Their availability and policies are outside our control. We are not responsible for their actions, but we will choose them with reasonable care.

The service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that it will produce any specific fitness, body composition, performance or health outcome. Individual results vary and depend on many factors outside our control.

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, consequential, special or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the service. Our total aggregate liability to you for any claim arising out of or related to these Terms or the service is limited to the greater of (a) the amount you paid us for the service in the twelve months preceding the claim, or (b) fifty euros (€50). Nothing in these Terms limits any liability that cannot be limited or excluded under applicable law (including liability for death or personal injury caused by negligence and for fraud).

You agree to indemnify and hold us harmless from any claim, loss, liability or expense (including reasonable legal fees) arising from your breach of these Terms, your misuse of the service, or your violation of any law or third-party right.

You may stop using the service at any time and request deletion of your account by contacting info@bynigel.fit. We may suspend or terminate your account if you breach these Terms, if continued provision would expose us to legal risk, or if you remain inactive for an extended period. We will give you reasonable notice unless immediate action is required.

We may update these Terms from time to time. Material changes will be communicated through an in-app notice and a fresh "Last updated" date at the top of this page. If you do not agree with the changes, stop using the service before they take effect.

These Terms are governed by the laws of the Netherlands. Any dispute arising out of or in connection with these Terms or the service will be submitted to the exclusive jurisdiction of the competent courts of Amsterdam, the Netherlands. If you are a consumer, this does not deprive you of the protection of mandatory consumer-protection rules of the country where you habitually reside.

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our written consent; we may assign them as part of a business transfer. These Terms are the entire agreement between you and us with respect to the service and supersede any prior agreement.

Questions about these Terms? info@bynigel.fit.