Xenitia Terms and Conditions

Effective date: 3 September 2026
Last updated: 15 October 2026

These Terms and Conditions ("Terms") govern your use of the Xenitia application for iPhone, Android and Apple Watch and its related services (together, the "App"). The App is operated by Xenitia Limited ("Xenitia", "we", "us", or "our"), based in Auckland, New Zealand.

By creating an account or using the App, you agree to these Terms and acknowledge our Privacy Policy, available at https://xenitia.app/privacy. If you do not agree, do not use the App.

1. Eligibility and authority

Xenitia is a general-audience fitness service. If you are not legally able to agree to these Terms yourself, you may use the App only with the involvement and permission of a parent or legal guardian. If you use the App for an organisation, you represent that you have authority to bind that organisation to these Terms.

2. Your account

You must provide accurate information and keep it reasonably current. You are responsible for protecting your account credentials and for activity performed through your account. Notify us promptly at support@xenitia.app if you suspect unauthorised access.

You may not sell, transfer, impersonate another person through, or provide another person with unauthorised access to your account.

3. Licence and ownership

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the App for lawful fitness, training, and community purposes in accordance with these Terms.

Except where applicable law permits it, you must not:

• copy, modify, distribute, sell, lease, or sublicense the App;
• reverse engineer, decompile, or attempt to extract its source code;
• scrape the service, use unauthorised bots, or circumvent rate limits or security controls;
• interfere with the App or another user's use of it;
• probe or test security without our prior written permission; or
• use non-public aspects of the App or its data to build a competing product or dataset.

The App, branding, software, interface, exercise metadata, visualisations, and other material we provide belong to us or our licensors. These Terms do not transfer ownership of them to you. Open-source and third-party components may be governed by their own licence notices.

4. Price, subscriptions, and purchases

The App is currently free to use. If we introduce paid digital features, we will show the price and applicable purchase terms before purchase and update these Terms as necessary.

Any future purchase offered through Apple's in-app purchase system will also be subject to Apple's payment, renewal, cancellation, and refund rules. Nothing in these Terms limits rights that cannot legally be excluded, including rights under the New Zealand Consumer Guarantees Act 1993.

5. Your content

"User Content" means material you submit or share through the App, including posts, comments, workout shares, photos, profile information, club content, and reports.

You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, and display it only as reasonably necessary to operate, secure, moderate, and provide the App to you and the audience you select. This licence ends when the content is deleted from our active systems, except to the extent that:

• temporary backup copies remain during the ordinary backup lifecycle;
• another user has independently created content that refers to yours; or
• we must preserve limited information for safety, dispute, or legal reasons.

You represent that you have the rights and permissions needed to submit User Content and that doing so does not violate another person's rights or the law.

6. Community rules

We have no tolerance for objectionable content or abusive users. You must not post, share, or facilitate content or conduct that:

• is illegal, threatening, abusive, defamatory, fraudulent, or invasive of another person's privacy;
• bullies, harasses, degrades, intimidates, or exploits another person;
• promotes hatred or discrimination based on race, ethnicity, nationality, religion, sex, gender, sexual orientation, disability, age, or another protected characteristic;
• contains sexual exploitation, sexual content involving a minor, non-consensual intimate imagery, or instructions for obtaining or sharing such material;
• contains gratuitously graphic violence or credible threats of harm;
• promotes self-harm, eating disorders, or clearly dangerous training practices;
• infringes copyright, trademark, privacy, publicity, or another right;
• is spam, an unauthorised promotion, a scam, or manipulated engagement;
• impersonates another person or misrepresents an affiliation;
• contains malware or code intended to damage or gain unauthorised access; or
• otherwise violates these Terms or applicable law.

7. Moderation, reporting, and blocking

The App provides tools to report content and block users. Blocked users are restricted from interacting with you through supported App features.

User Content may be screened by automated rules and reviewed after it is reported. We aim to assess reports promptly, but we do not promise a fixed response time. Depending on context, we may remove content, reduce its visibility, preserve evidence, warn or restrict a user, suspend or terminate an account, or refer a matter to an appropriate authority.

Moderation involves judgement. We do not guarantee that all objectionable content will be detected immediately, and a report does not guarantee a particular outcome. You may contact support@xenitia.app if you believe a decision was mistaken or if an urgent safety concern has not been addressed.

If you believe content is a harmful digital communication, infringes your intellectual property, or contains non-consensual intimate imagery, report it in the App and contact us with enough information to locate and assess it. We will cooperate with Netsafe, law enforcement, and other authorities when legally required.

Misusing reports to harass users or overwhelm the service is prohibited.

8. Health, exercise, and AI disclaimer

Xenitia is a fitness logging and training tool. It does not provide medical advice, diagnosis, or treatment.

• Exercise information, equipment visualisations, rep counts, benchmarks, race simulations, insights, and generated plans are informational estimates.
• Automated and AI-assisted results may be inaccurate, incomplete, or unsuitable for your circumstances. Review them before relying on them.
• Consult a qualified health or fitness professional before beginning or materially changing an exercise programme, particularly if you have a health condition, injury, symptoms, or have been inactive.
• Exercise carries inherent risk. Use appropriate technique, supervision, and equipment, and train within your abilities.
• Do not rely on rep counting, heart-rate displays, energy estimates, location, or other automated features where accuracy is critical to health or safety. Stop exercising and seek appropriate assistance if you feel unwell.

To the extent permitted by law, you accept the ordinary risks associated with your training decisions. This section does not exclude responsibility that cannot legally be excluded.

9. Location, HealthKit, motion, and permissions

Features involving location, HealthKit, motion sensors, microphone, speech, photos, or notifications depend on your permission and compatible devices. Permissions can be declined or withdrawn, although the relevant feature may then be unavailable.

Raw motion capture for rep-detection model training is a separate optional setting and is not required for ordinary rep counting. Its use is described in the Privacy Policy.

You must not use location, health, or fitness estimates from the App for emergency response, diagnosis, medical monitoring, or another safety-critical purpose.

10. Third-party services

The App relies on services and software supplied by others, including Apple, Supabase, Google Sign-In when selected, OpenStreetMap reference data, and third-party open-source or model components. Their availability and operation are outside our complete control, and their own terms or privacy policies may apply to your direct relationship with them.

We are not responsible for third-party websites or content merely because the App links to or displays information derived from them. This does not limit any responsibility we have for selecting and managing service providers under applicable privacy or consumer law.

On-device AI models (Gemma)

Some features, such as generated training plans, run a Google Gemma language model on your device. Gemma is provided under and subject to the Gemma Terms of Use at https://ai.google.dev/gemma/terms. Google's Gemma Prohibited Use Policy at https://ai.google.dev/gemma/prohibited_use_policy applies to your use of those features, and by using them you agree not to use the model, or anything it produces, for any purpose that policy prohibits. These restrictions apply in addition to the Community rules in section 6. Model output is generated automatically and is subject to the disclaimer in section 8.

11. Service changes and availability

We may add, change, suspend, or discontinue features. We will provide reasonable notice when a change materially reduces a core paid service, if paid services are introduced, unless urgent security, legal, or technical circumstances make notice impracticable.

We do not guarantee uninterrupted or error-free availability. You should keep independent records of information that is critical to you.

12. Ending use and account deletion

You may stop using the App at any time. You can initiate permanent account deletion through Settings → Account → Delete Account. Details about what is deleted, limited lawful retention, and backup handling appear in the Privacy Policy.

We may restrict, suspend, or terminate an account when we reasonably believe these Terms have been materially breached, the account creates risk or harm, or action is required by law. Where appropriate, we may give notice and an opportunity to appeal, but immediate action may be necessary for safety, security, or legal reasons.

Sections that logically continue after termination—including ownership, limited retained-content permissions, disclaimers, liability, disputes, and general provisions—survive termination.

13. Disclaimers

To the maximum extent permitted by law, the App is provided "as is" and "as available". We do not warrant that it will be uninterrupted, error-free, or suitable for every training purpose, or that information will never be lost.

Any warranties, guarantees, or remedies that cannot legally be excluded remain in effect.

14. Consumer law

Nothing in these Terms excludes, restricts, or modifies rights or guarantees that cannot lawfully be excluded under the New Zealand Consumer Guarantees Act 1993, Fair Trading Act 1986, or another applicable consumer law.

If you acquire the App in trade for business purposes, you agree that the Consumer Guarantees Act does not apply to the extent permitted by section 43 of that Act, provided the statutory requirements for contracting out are met.

15. Limitation of liability

To the maximum extent permitted by law and subject to Section 14:

• we are not liable for indirect, incidental, special, consequential, exemplary, or punitive loss, or for loss of profit, goodwill, opportunity, data, or an expected fitness result arising from the App; and
• our aggregate liability for claims relating to the App is limited to the greater of the amount you paid us during the 12 months before the event giving rise to the claim and NZD $100.

These limitations do not apply to fraud, wilful misconduct, liability that cannot legally be limited, or a remedy available under non-excludable consumer law.

16. Responsibility for claims caused by your conduct

To the extent permitted by law, you are responsible for losses, claims, and reasonable costs arising from your unlawful User Content, your material breach of these Terms, or your infringement of another person's rights. This does not require a consumer to compensate us for losses caused by our own conduct and does not limit non-excludable consumer rights.

17. Apple-specific terms

These Terms are between you and us, not Apple. Apple is not responsible for the App or for providing maintenance or support. To the extent required by the App Store terms, Apple is not responsible for claims concerning the App, including product liability, legal compliance, consumer claims, or intellectual property claims.

Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the Apple-specific provisions after you accept them. You represent that you are not located in a country subject to a United States government embargo and are not listed on a United States government restricted-party list.

Your use of the App must also comply with applicable App Store usage rules. If these Terms do not provide a custom term on a subject covered by Apple's standard end-user licence agreement, the applicable Apple terms continue to apply.

18. Changes to these Terms

We may update these Terms as the App or law changes. We will post the revised Terms and update the date above. If a change materially affects your rights, we will provide additional notice through the App or by email where appropriate.

Changes apply prospectively from their effective date. If you do not accept a material change, you should stop using the App and may delete your account.

19. General

These Terms and the documents incorporated by reference form the agreement between you and us concerning the App. If a provision is invalid or unenforceable, the remaining provisions continue to apply. A failure to enforce a provision is not a waiver.

You may not assign your rights under these Terms without our consent. We may assign these Terms as part of a merger, acquisition, financing, reorganisation, or sale of the relevant business, subject to applicable law.

20. Governing law and disputes

These Terms are governed by New Zealand law. Subject to non-excludable rights and any right you have to bring a claim in your home jurisdiction, the courts of New Zealand have jurisdiction over disputes relating to the App.

Before commencing formal proceedings, you and Xenitia agree to make a reasonable attempt to resolve the dispute by contacting the other party. This does not prevent either party from seeking urgent relief or using a statutory complaint process.

21. Contact

Xenitia Limited
Auckland, New Zealand
Email: support@xenitia.app