Terms of service

TERMS OF SERVICE
TrackFIT by WITFL Holdings, LLC.
Last Updated: April 14, 2026
Effective Date: April 14, 2026
 
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
 
1. PARTIES AND ACCEPTANCE
 
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," "your") and WITFL Holdings, Inc., a Wyoming corporation operating the TrackFIT platform ("Company," "we," "us," "our"). These Terms govern your access to and use of areyoutrackfit.com, all TrackFIT digital platforms, events, products, services, performance analysis systems, and related communications (collectively, the "Services").
 
By accessing the Services, completing registration, making a purchase, or participating in any TrackFIT event or program, you represent that you have read, understood, and agree to be bound by these Terms, the Privacy Policy (https://www.areyoutrackfit.com/policies/privacy-policy), and all other applicable policies incorporated herein by reference.
 
2. ELIGIBILITY
 
2.1 You must be at least 13 years of age to use the Services independently.
2.2 Users under the age of 18 must have a parent or legal guardian complete registration and provide consent on their behalf.
2.3 By using the Services, you represent and warrant that all information you provide is accurate, current, and complete.
2.4 The Company reserves the right to refuse service, suspend, or terminate access for any user at its sole discretion.
 
3. SERVICES DESCRIPTION
 
The Company provides a performance technology and competition platform that includes:
• TrackFIT Challenge events and Intelligence Sessions (live and mobile)
• AI-driven performance analysis via TrackFIT 3D Intelligence™ and Motion DNA™ Signature Tracking
• TrackFIT Score generation, belt classifications, and performance rankings
• Coach certification and development programs (Green Belt through Orange Elite)
• Performance reports, digital analytics, and related data outputs
• Merchandise sales and digital product delivery
 
The Company reserves the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.
 
4. ACCOUNTS AND REGISTRATION
 
4.1 You are responsible for maintaining the confidentiality of your account credentials.
4.2 You are solely responsible for all activity that occurs under your account.
4.3 You agree to notify us immediately at support@worlditfl.com of any unauthorized use of your account.
4.4 The Company will not be liable for any loss or damage arising from your failure to maintain account security.
 
5. FEES, PAYMENTS, AND BILLING
 
5.1 All fees are listed in U.S. dollars and are due at the time of purchase unless otherwise specified.
5.2 By providing payment information, you authorize the Company to charge the stated fees to your designated payment method.
5.3 All transactions are processed by PCI-DSS compliant third-party payment processors. The Company does not store full payment card data.
5.4 Fees are subject to change at any time. Changes will not apply retroactively to confirmed registrations.
5.5 For refund and cancellation terms, see the Return and Refund Policy (https://www.areyoutrackfit.com/policies/refund-policy).
 
6. PARTICIPANT CONDUCT AND PROHIBITED USE
 
By using the Services, you agree NOT to:
a) Provide false, misleading, or fraudulent information in any registration or profile
b) Impersonate any person or entity
c) Use the Services for any unlawful purpose or in violation of any applicable law or regulation
d) Attempt to gain unauthorized access to any portion of the Services or any related systems
e) Interfere with, disrupt, or damage the integrity or performance of the Services
f) Reverse-engineer, decompile, or extract proprietary algorithms, AI models, or source code from the Services
g) Use data, results, or outputs generated by the Services for commercial purposes without express written authorization from the Company
h) Reproduce, distribute, or publicly display performance data, rankings, or reports without authorization
i) Harass, abuse, or harm other users, staff, coaches, or Company representatives
 
Violation of any of the above may result in immediate suspension or termination of access to the Services, forfeiture of fees paid, and legal action where applicable.
 
7. INTELLECTUAL PROPERTY
 
7.1 All content, trademarks, trade names, proprietary systems, algorithms, AI models, scoring methodologies, and data architectures made available through the Services — including but not limited to TrackFIT 3D Intelligence™, Motion DNA™ Signature Tracking, and the TrackFIT Score framework — are the exclusive intellectual property of Z Athlete Group, Inc. and/or WITFL Holdings, Inc., protected under applicable U.S. and international intellectual property laws.
 
7.2 Provisional Patent Application No. 63/827,829 and related filings are pending. All rights reserved.
 
7.3 Nothing in these Terms grants you any license, right, or interest in any Company intellectual property, except the limited, non-transferable right to access and use the Services for personal, non-commercial purposes in accordance with these Terms.
 
7.4 Any unauthorized use of Company IP will be pursued to the fullest extent permitted by law.
 
8. PERFORMANCE DATA AND AI OUTPUTS
 
8.1 Performance data generated through the Services, including TrackFIT Scores, rankings, belt classifications, and AI-generated analyses, are produced by proprietary systems and are provided for informational and competitive purposes only.
 
8.2 The Company does not guarantee that any performance output will produce specific athletic results, competitive outcomes, or physical improvements.
 
8.3 You acknowledge that participation in TrackFIT events is voluntary and that performance analysis is not a substitute for professional medical, physical therapy, or coaching advice.
 
8.4 Public performance data including names, scores, and rankings may be published by the Company for competitive and promotional purposes. Participation constitutes consent to such publication.
 
9. WAIVERS, ASSUMPTION OF RISK, AND RELEASE OF LIABILITY
 
9.1 ASSUMPTION OF RISK
By participating in any TrackFIT live event or Intelligence Session, you acknowledge and voluntarily assume all risks associated with athletic participation, including but not limited to physical injury, property damage, and death.
 
9.2 RELEASE OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE WITFL HOLDINGS, INC., Z ATHLETE GROUP, INC., AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE SERVICES, INCLUDING THOSE CAUSED BY ORDINARY NEGLIGENCE.
 
9.3 SEPARATE WAIVER
A separate liability waiver is required at the time of event registration. Completion of that waiver is a condition of participation. These Terms do not supersede the executed event waiver; both apply.
 
10. DISCLAIMER OF WARRANTIES
 
THE SERVICES ARE 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, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS.
 
11. LIMITATION OF LIABILITY
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY IN THE 12 MONTHS PRECEDING THE CLAIM.
 
IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, REPUTATION, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
 
12. INDEMNIFICATION
 
You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right; or (d) any information you provide through the Services.
 
13. THIRD-PARTY SERVICES AND LINKS
 
The Services may contain links to third-party websites, platforms, or services. The Company is not responsible for the content, accuracy, privacy practices, or availability of any third-party platform. Links are provided for convenience only and do not constitute endorsement.
 
14. MODIFICATIONS TO TERMS
 
The Company reserves the right to modify these Terms at any time. When material changes are made, the "Last Updated" date will be revised. Continued use of the Services after any modification constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Services.
 
15. TERMINATION
 
The Company may suspend or terminate your access to the Services at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Services ceases. All provisions of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, indemnification, and limitations of liability.
 
16. GOVERNING LAW AND DISPUTE RESOLUTION
 
16.1 These Terms are governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law principles.
 
16.2 Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will first be subject to informal resolution. Either party may request informal resolution by providing written notice. The parties will have 30 days to resolve the dispute informally.
 
16.3 If informal resolution fails, disputes will be resolved by binding arbitration administered in Wyoming pursuant to the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (https://uscode.house.gov/view.xhtml?path=/prelim@title9&edition=prelim). The arbitrator's decision will be final and binding. Each party bears its own fees unless the arbitrator determines otherwise.
 
16.4 CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
 
16.5 Nothing in this Section prevents either party from seeking injunctive or other equitable relief for violations of intellectual property rights.
 
17. CONTACT
 
WITFL Holdings, Inc.
Email: support@worlditfl.com
Website: https://www.areyoutrackfit.com