Terms of Service

1. Who we are & acceptance of these Terms

Betterly is operated by DEVEXIS OOD, a limited liability company (OOD) registered in Bulgaria under unified identification code 208747294, with its registered seat at 17 Dimitar Dimov Str., Vinitsa, Primorski District, Varna 9000, Bulgaria (“Betterly”, “we”, “us” or “our”). These Terms apply to the Betterly website at betterly.fit, the Betterly mobile applications, and all related features and services (together, the “Service”).

We may publish additional guidelines or supplemental terms for certain features. Where they apply, those supplemental terms form part of these Terms. If there is a conflict, the supplemental terms govern for the feature they cover.

2. Eligibility & age requirements

You must be at least 16 years old to create an account and use the Service. If you are under 18 (or the age of majority where you live), you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to these Terms on your behalf. You must be at least 18 to purchase a paid subscription.

By using the Service you confirm that you meet these requirements, that the information you provide is accurate, and that your use of the Service complies with all laws that apply to you.

3. The Betterly service

Betterly provides personalized training programs and nutrition/meal plans generated from information you provide, such as your goals, experience, available equipment, physical characteristics, dietary preferences, and allergens. The Service also lets you log workouts and meals, track progress, and receive related content and notifications.

The Service is provided for general fitness, wellness, and informational purposes only. It is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or health condition. See the health and medical disclaimer in section 4.

4. Health, fitness & medical disclaimer

5. AI-generated plans & content

Training plans, meal plans, and related recommendations may be generated automatically using algorithms and artificial intelligence based on the inputs you provide. Automated output can contain errors, omissions, or content that is not suitable for your individual circumstances. You should review all recommendations using your own judgment and, where appropriate, that of a qualified professional, and you use them at your own risk.

6. Waitlist & founding-member offer

Joining the waitlist reserves your interest in early access; it does not create an account and does not guarantee access, a launch date, or any specific price. Founding-member benefits (including any promotional discount) are offered at our discretion, may be subject to further conditions communicated at sign-up or launch, are personal to you, non-transferable, and have no cash value. We may change, pause, or withdraw the waitlist or any promotional offer at any time before it is redeemed.

7. Your account & security

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Provide accurate information and keep it up to date. Do not share your account or let anyone else use it. Notify us promptly at hello@betterly.fit if you suspect unauthorized use. We are not liable for losses caused by your failure to safeguard your credentials.

8. Subscriptions, billing & auto-renewal

Parts of the Service may be offered on a paid subscription. Prices, billing periods, and included features are shown at the point of purchase and are inclusive of applicable taxes where required.

• Auto-renewal. Subscriptions renew automatically for the same period at the then-current price unless you cancel before the renewal date. You authorize us (or the applicable app store) to charge your payment method on each renewal.
• App-store billing. If you subscribe through the Apple App Store or Google Play, the purchase, billing, renewal, and refunds are handled by that store under its own terms, and you manage or cancel the subscription in your store account settings.
• Price changes. We may change subscription prices; we will give you reasonable advance notice, and changes take effect at your next renewal. If you do not accept a change, you may cancel before it takes effect.
• Founding rate. Any founding-member discount applies only for the stated period and on the conditions communicated to you, after which the standard price applies.

9. Cancellation, refunds & right of withdrawal

You can cancel a subscription at any time; cancellation stops the next renewal and your access continues until the end of the current paid period. Except where required by law or an app store’s policy, payments already made are non-refundable.

EU/EEA consumers. If you are a consumer in the EU/EEA, you generally have the right to withdraw from a distance contract within 14 days without giving a reason. However, by starting to use paid digital content or services during that period, you expressly request immediate performance and acknowledge that you lose the right of withdrawal once the service has been fully performed, and that for partial performance you may owe a proportionate amount. To exercise a withdrawal right, contact hello@betterly.fit.

10. Acceptable use

You agree not to:

• use the Service unlawfully or in breach of these Terms;
• copy, scrape, reverse engineer, decompile, or create derivative works from the Service, except where the law expressly permits it;
• resell, sublicense, or commercially exploit the Service or its content without our written permission;
• upload malware, attempt to gain unauthorized access, disrupt, or overload the Service or its infrastructure;
• submit content that is unlawful, infringing, deceptive, or that impersonates another person; or
• use automated systems to access the Service in a way that harms or overburdens it.

11. Your content & feedback

You retain ownership of the content and information you submit (for example, logged workouts, meals, and profile data). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, and process that content solely to operate, secure, and improve the Service and to provide it to you. You are responsible for your content and confirm you have the rights to submit it.

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free right to use it without restriction or obligation to you.

12. Intellectual property

The Service and all associated software, text, designs, graphics, logos, and other materials (excluding your content) are owned by DEVEXIS OOD or its licensors and are protected by intellectual-property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own non-commercial use. Plans and content generated for you may be used for your personal training and nutrition purposes only. “Betterly” and our logos are our trademarks and may not be used without our prior written consent.

13. Third-party services & app stores

The Service relies on and may link to third-party services (for example, hosting, analytics, email, payment processing, and the Apple App Store and Google Play). Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them. How we share data with our service providers is described in our Privacy Policy.

14. Availability & changes to the service

We work to keep the Service available but do not guarantee it will be uninterrupted, secure, or error-free. We may add, change, suspend, or discontinue features or the whole Service at any time, and may set limits on use. Where a change materially and negatively affects a paid feature you use, we will give reasonable notice and, where required by law, offer an appropriate remedy.

15. Suspension & termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the Service or other users. On termination, your right to use the Service ends; provisions that by their nature should survive (including intellectual property, disclaimers, liability limits, and governing law) continue to apply.

16. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including fitness for a particular purpose, accuracy, or non-infringement, and any warranty that results (such as fitness, weight, or health outcomes) will be achieved. Nothing in these Terms excludes or limits the mandatory statutory rights and legal guarantees you have as a consumer, which continue to apply.

17. Limitation of liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be limited or excluded under applicable law (including mandatory consumer-law rights).

Subject to the above, and to the maximum extent permitted by law: (a) we are not liable for indirect, incidental, special, or consequential damages, or for loss of profits, data, or goodwill; and (b) our total aggregate liability arising out of or relating to the Service is limited to the greater of the amounts you paid us for the Service in the 12 months before the event giving rise to the claim, or EUR 100. We are not liable for health outcomes or injuries resulting from your use of training or nutrition content, which you use in accordance with section 4 at your own risk.

18. Indemnification

To the extent permitted by law, you agree to indemnify and hold DEVEXIS OOD harmless from claims, damages, and reasonable costs (including legal fees) arising from your misuse of the Service, your content, or your breach of these Terms or of applicable law. This does not apply to the extent a claim results from our own breach or negligence.

19. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will provide reasonable notice (for example, by email or in-app) before it takes effect. Your continued use of the Service after the effective date means you accept the updated Terms. The “Last updated” date at the top shows when they last changed.

20. Governing law & dispute resolution

These Terms are governed by the laws of the Republic of Bulgaria, without regard to conflict-of-laws rules. If you are a consumer, you also benefit from any mandatory protections of the law of the country where you live, and this choice of law does not deprive you of them.

The courts of Bulgaria have jurisdiction over disputes, except that consumers may also bring proceedings in, and be sued only in, the courts of their country of residence where EU consumer rules so provide. Before going to court, please contact us at hello@betterly.fit so we can try to resolve the matter. EU/EEA consumers may also refer a dispute to a competent alternative dispute resolution (ADR) body, and in Bulgaria to the Commission for Consumer Protection (Комисия за защита на потребителите).

21. Apple & Google additional terms

If you download the app from the Apple App Store, you acknowledge that these Terms are between you and DEVEXIS OOD only, not Apple, and that Apple is not responsible for the app or its content. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. The app must be used in accordance with the Apple Media Services / App Store Terms, and any maintenance, support, and warranty obligations are ours, not Apple’s. Similar terms apply where you download the app from Google Play under the Google Play Terms of Service.

22. Miscellaneous

• Entire agreement. These Terms and any supplemental terms are the entire agreement between you and us regarding the Service.
• Severability. If a provision is found invalid, the rest remains in effect.
• No waiver. If we do not enforce a right, that is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Notices. We may give notices by email or in-app; you can contact us at the address below.
• Language. These Terms are provided in English; a translation is for convenience only, and the English version governs unless the law requires otherwise.

23. Contact

DEVEXIS OOD
17 Dimitar Dimov Str., Vinitsa, Primorski District, Varna 9000, Bulgaria
Email: hello@betterly.fit