AthleteDNA

Terms of Service

Last updated: August 17, 2026.

This is a working draft pending final legal review. Bracketed fields are placeholders to be completed, and this page should not be treated as the final Terms of Service before public launch.

Welcome to Novabit. These Terms of Service (these “Terms”) are a binding legal agreement between you and Novabit, LLC (“Novabit,” “we,” “us,” or “our”). These Terms govern your access to and use of the Novabit software platform and mobile application, including the AthleteDNA member experience and the StudioPulse gym-facing dashboard, together with our related websites and services (collectively, the “Products” or “Services”).

PLEASE READ THESE TERMS CAREFULLY, INCLUDING SECTION 3 (NOT MEDICAL ADVICE), SECTION 14 (DISCLAIMER OF WARRANTIES), AND SECTION 15 (LIMITATION OF LIABILITY). BY CREATING AN ACCOUNT, OR BY ACCESSING OR USING THE PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PRODUCTS.

If you are accessing or using the Products on behalf of a gym, studio, or other business (a “Gym”), you represent that you have the authority to bind that Gym to these Terms, and, as applicable, “you” and “your” refer to both you individually and the Gym.

Any new features or tools added to the Products are also subject to these Terms. We may update these Terms from time to time by posting the revised Terms and updating the “Last Updated” date above. Your continued use of the Products after a revised version is posted constitutes your acceptance of the changes. It is your responsibility to review these Terms periodically.

Table of contents

  1. Definitions
  2. The Novabit Products and Services
  3. Not Medical Advice; Health and Safety Disclaimer
  4. Eligibility and Account Registration
  5. User Responsibilities and Representations
  6. Data, Wearables, and Privacy
  7. Sharing of Information with Your Gym and Coaches
  8. Artificial Intelligence-Generated Content
  9. Acceptable Use; Prohibited Activities
  10. Third-Party Services and Health Platforms
  11. Fees, Payments, and Subscriptions
  12. Intellectual Property Rights
  13. User Submissions
  14. Disclaimer of Warranties
  15. Limitation of Liability
  16. Indemnification
  17. Term, Termination, and Data After Account Closure
  18. App Store Terms
  19. Governing Law and Dispute Resolution
  20. Miscellaneous
  21. Contact Us

1. Definitions

“AthleteDNA” means the member-facing portion of the Products, through which members may access an onboarding profile, fitness and performance reports, wearable-based insights, recovery and readiness insights, workout history, progress tracking, and recommendations.

“StudioPulse” means the gym-facing portion of the Products, providing dashboards and insights to gym owners, managers, and Coaches.

“Gym” means the gym, studio, or other fitness business that has engaged Novabit and through which you may be enrolled in or access AthleteDNA.

“Coach” means a trainer, coach, instructor, or other staff member authorized by a Gym to use StudioPulse or to interact with your account.

“Health Platform” means a third-party health, fitness, or wearable platform (such as Apple HealthKit or Samsung Health Connect) that you authorize to share information with the Products.

“Content” means information, data, text, images, and other materials generated, provided, or made accessible through the Products, including User Submissions (Section 13) and AI-Generated Content (Section 8).

“User,” “Member,” “you,” and “your” mean an individual who registers for or uses the Products.

2. The Novabit Products and Services

2.1. What Novabit Provides. Novabit provides a software platform and mobile application used by gyms and their members. Through the platform:

  • AthleteDNA provides members with an onboarding profile, fitness and performance reports, wearable-based insights, recovery and readiness insights, workout history, progress tracking, and recommendations.
  • StudioPulse provides gym owners and Coaches with dashboards and insights to help them manage members, classes, and coaching.

2.2. What Novabit does not Provide. THE PRODUCTS ARE INFORMATIONAL AND FITNESS-SUPPORT TOOLS ONLY. NOVABIT DOES NOT PROVIDE, AND THE PRODUCTS ARE NOT MEDICAL ADVICE, A DIAGNOSIS OF ANY KIND, TREATMENT OF ANY MEDICAL OR HEALTH CONDITION, EMERGENCY HEALTH MONITORING OR A SUBSTITUTE FOR THE ADVICE OF A DOCTOR, PHYSICAL THERAPIST OR OTHER LICENSED OR QUALIFIED PROFESSIONAL.

You should consult an appropriate professional before starting, changing, or stopping any training, nutrition, or health-related routine, and before relying on any insight, score, or recommendation generated by the Products. See Section 3 for additional important disclosures.

3. Not Medical Advice; Health and Safety Disclaimer

THE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION, AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. Reports, scores, insights, and recommendations generated by AthleteDNA and StudioPulse are provided for general informational and motivational purposes only.

If you experience pain, dizziness, chest pain, shortness of breath, faintness, or any other concerning symptom during exercise, stop exercising immediately and seek medical attention. Do not rely on the Products to monitor for medical emergencies; the Products do not provide emergency health monitoring and cannot detect or respond to a medical emergency.

Always consult a physician or other qualified health professional before beginning any exercise program, particularly if you have or suspect you have a health condition, injury, or physical limitation.

4. Eligibility and Account Registration

4.1. Who may use the Products. You must be at least 13 years old to create an account. If you are under 18, you may only use the Products with the involvement and consent of a parent or legal guardian and, where applicable, in connection with your Gym’s own policies for minor members.

4.2. Account Registration. To access AthleteDNA or StudioPulse, you must register for an account. You must provide accurate, current, and complete information and keep it up to date. You are solely responsible for all activity that occurs under your account and for maintaining the confidentiality of your login credentials. You must notify us promptly of any unauthorized use of your account or any other breach of security.

4.3. Refusal and Suspension. We may refuse to register an account, or may suspend or terminate an existing account, for any legal reason, including failure to verify account details or violation of these Terms. See Section 17 for additional termination provisions.

4.4. No Misuse. You may not scrape, copy, reproduce, reverse engineer, decompile, or attempt to derive the source code of any part of the Products, or gain or attempt to gain unauthorized access to the Products, other users’ accounts, or Novabit’s or any Gym’s systems or data. We reserve the right to suspend or terminate access for any misuse of the Products.

5. User Responsibilities and Representations

By using the Products, you represent, warrant, and agree that:

  • you will provide accurate, current, and complete information;
  • you are solely responsible for your own training, nutrition, and health-related decisions, and for evaluating the appropriateness of any activity, insight, or recommendation for your own circumstances;
  • you understand that physical exercise and fitness activity carry inherent risks, including risk of injury, and you voluntarily assume those risks;
  • you will stop exercising and seek appropriate medical attention if you experience pain, dizziness, chest pain, faintness, or other concerning symptoms (see Section 3);
  • you are responsible for connecting and disconnecting any Health Platform or wearable integration to your account, and for reviewing the permissions you grant;
  • you are responsible for the security of your account and device, including safeguarding your login credentials; and
  • your use of the Products will comply with these Terms and all applicable laws.

If any information you provide is untrue, inaccurate, outdated, or incomplete, we may suspend or terminate your account and refuse any current or future use of the Products.

6. Data, Wearables, and Privacy

When you use the Products, we and, where applicable, your Gym process personal information about you, as described in our Privacy Policy, available at www.myathletedna.com/privacy, which is incorporated into these Terms by reference. Depending on the features you use, the permissions you grant, and the information your Gym provides, this may include profile data, class attendance, workout data, heart rate and heart-rate zones, calories, sleep, heart-rate variability (HRV), recovery and readiness data and body composition data, if you choose to provide it.

The detailed description of how this information is collected, used, shared, and retained and the consent flow through which you authorize any Health Platform connection is set out in the Privacy Policy and in the in-app consent screens presented to you, not solely in these Terms.

7. Sharing of Information with Your Gyms and Coaches

Because AthleteDNA and StudioPulse work together as part of a single Product offered to you through your Gym, relevant insights generated from your information may be shared with your Gym and its Coaches as part of the Service. This may include attendance patterns, your goals, injury or limitation flags, performance trends, recovery or readiness indicators, coach notes or messages, risk or retention-related signals and class participation insights.

This sharing is part of how the Products are provided to you and helps your Gym and Coaches support your training. Additional detail about the categories shared, the basis for sharing, and your rights is set out in our Privacy Policy.

8. Artificial Intelligence-Generated Content

AthleteDNA and StudioPulse may use artificial intelligence and related technologies to generate certain reports, insights, scores, and recommendations (“AI-Generated Content”). You acknowledge and agree that AI-Generated Content is informational only, not guaranteed to be accurate, complete, or current, based on the data available to Novabit at the time, which may be incomplete or outdated and not a substitute for the professional judgment of a doctor, coach, trainer, or other qualified professional.

You should exercise your own judgment, and where appropriate consult a qualified professional, before relying on or acting upon any AI-Generated Content.

9. Prohibited Activites

In addition to the requirements in Section 4.4, you may not use the Products:

  • for any unlawful purpose, or to solicit others to perform or participate in unlawful acts;
  • to violate any applicable law, rule, or regulation;
  • to infringe or violate Novabit’s or any third party’s intellectual property or other rights;
  • to harass, abuse, defame, or discriminate against any person;
  • to submit false or misleading information;
  • to collect or track the personal information of other users without authorization;
  • to spam, phish, spider, crawl, or scrape, other than through supported APIs, if any;
  • to upload or transmit viruses, malware, or other harmful code; or
  • to attempt to gain unauthorized access to any account, system, or network connected to the Products.

We may suspend or terminate your access to the Products, without notice, for any violation of this Section.

10. Third-Party Services and Health Platforms

The Products may connect with or link to third-party services, including Health Platforms such as Apple HealthKit and Samsung Health Connect, and gym management or scheduling software used by your Gym. Novabit does not control these third-party services and is not responsible for their accuracy, availability, or performance, including inaccuracies or errors originating from a wearable device or Health Platform. Your use of any third-party service is subject to that provider’s own terms and privacy practices, and is at your own risk.

11. Fees, Payments, and Subscriptions

Certain pilot programs offered through a Gym may be provided free of charge or at a discount. Novabit may offer paid subscriptions in the future. Fees, billing, cancellation, and refund terms applicable to your use of the Products will be set out in your Gym’s pilot agreement with Novabit or in future commercial terms presented to you or your Gym at the time of purchase. To the extent of any conflict between such commercial terms and these Terms with respect to fees or billing, the applicable commercial terms will control.

12. Intellectual Property Rights

12.1. Novabit’s Intellectual Property. Novabit owns, or licenses, all right, title, and interest in and to: the app, backend systems, software, algorithms, AI workflows and prompts, scoring systems, reports and report templates, dashboards, branding and design and all other Content generated by the system, excluding the underlying data that you or your Gym submit to the Products. These materials are protected by copyright, trademark, trade secret, and other intellectual property laws.

12.2. Limited License. Subject to your compliance with these Terms, Novabit grants you and, where applicable, your Gym, a limited, non-exclusive, non-transferable, revocable license to access and use the Products for their intended purpose. No other rights are granted. You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works of any part of the Products, or use the Products for any commercial purpose other than as authorized by Novabit, without our prior written consent.

12.3. Underlying Data. As between you and Novabit, you and your Gym retain ownership of the underlying personal and gym data you submit to the Products. Novabit’s ownership of system-generated reports, scores, and templates does not include your or your Gym’s underlying data, which is processed as described in the Privacy Policy.

13. User Submissions

If the Products allow you to submit information, notes, messages, or other content (“User Submissions”), you are solely responsible for your User Submissions and represent that you have the necessary rights to submit them. You grant Novabit a non-exclusive, worldwide, royalty-free license to use, store, reproduce, and display your User Submissions solely as necessary to provide and improve the Products, including sharing relevant User Submissions with your Gym as described in Section 7. This license does not permit Novabit to use your User Submissions for external advertising or marketing without your separate consent.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NOVABIT DOES NOT WARRANT OR GUARANTEE:

  • that the Products will be uninterrupted, timely, secure, or error-free;
  • any particular fitness, health, or training result;
  • the accuracy, completeness, or reliability of any report, score, insight, or AI-Generated Content; or
  • the performance, accuracy, or availability of any third-party platform, wearable device, or Health Platform integration.

Your use of, or inability to use, the Products is at your sole risk.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NOVABIT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOVABIT IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THIRD-PARTY PLATFORMS, WEARABLE DEVICES, OR HEALTH PLATFORM ERRORS OR INACCURACIES.

NOVABIT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU OR YOUR GYM PAID NOVABIT FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) [USD 100 (AMOUNT TO BE CONFIRMED)]. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Indemnification

You agree to defend, indemnify, and hold harmless Novabit, its subsidiaries, affiliates, and their respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to: (a) your use of the Products; (b) your breach of these Terms; (c) your violation of any applicable law or the rights of a third party; or (d) any User Submission you provide. Novabit reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

17. Term, Termination, and Data After Account Closure

17.1. Your right to stop. You may stop using the Products, close your account, or disconnect any Health Platform integration at any time.

17.2. Termination by Novabit or your Gym. We, or your Gym, may suspend or terminate your access to the Products at any time, with or without notice, including for breach of these Terms, misuse of the Products, non-payment under an applicable commercial agreement, or as required by law. If your Gym’s relationship with Novabit ends, your access to the Products through that Gym may also end.

17.3. Data after closure. Deletion, retention, and export of your data after your account is closed are handled in accordance with our Privacy Policy and applicable law. See the Privacy Policy’s Data Retention section for further detail.

17.4. Survival. Sections 12, 14, 15, 16, 19, and 20 will survive any termination of these Terms.

18. App Store Terms

If you access the Products through the Apple App Store or Google Play Store, you acknowledge that:

  • Apple Inc. and Google LLC (and their respective affiliates) are not parties to these Terms and have no responsibility for the Products or their content;
  • your use of the Products is also subject to the applicable app store’s terms of service; and
  • if Novabit offers in-app purchases or subscriptions in the future, those purchases may be subject to Apple’s or Google’s applicable billing, subscription, and refund rules

19. Governing Law and Dispute Resolution

These Terms are governed by the laws of State of Illinois, USA, without regard to its conflict-of-laws principles. Before initiating any formal proceeding, you agree to first attempt to resolve any dispute arising out of or relating to these Terms or the Products through good-faith negotiation with Novabit, and, if unresolved, through mediation administered by the American Arbitration Association, with each party bearing its own costs unless otherwise agreed. Nothing in this Section limits either party’s right to seek injunctive or equitable relief, or to bring an individual claim in small-claims court where available.

20. Miscellaneous

20.1. Modification. We may change, modify, or remove any part of the Products at any time, at our sole discretion, without notice, and without liability to you for doing so.

20.2. Entire Agreement. These Terms, together with the Privacy Policy and any applicable commercial or pilot agreement, constitute the entire agreement between you and Novabit regarding the Products.

20.3. Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

20.4. Assignment. We may assign our rights and obligations under these Terms at any time. You may not assign these Terms without our prior written consent.

20.5. Severability. If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect.

20.6. Relationship of the Parties. Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and Novabit.

20.7. No Construction Against Drafter; Electronic Form. These Terms will not be construed against Novabit merely because we drafted them. You waive any defense based on the electronic form of these Terms or the lack of a physical signature.

21. Contact Us

If you have questions about these Terms, please contact us:

Novabit, LLC
520 N Kingsbury St,
Chicago, IL 60654
United States
hello@myathletedna.com
www.myathletedna.com