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Terms of Use, Disclaimer of Liability and Assumption of Risk

Read carefully before use. By continuing, you declare that you have read, understood and fully accepted this document.

Last updated: 09/26/2026 · Version 5.1

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Courtesy translation. This document was translated from Portuguese for your convenience and is not a certified legal translation. In case of any conflict, ambiguity, or discrepancy, the original Portuguese (Brazil) version prevails and is the only legally binding one.

Read the official Portuguese version
READ CAREFULLY BEFORE USE. By continuing, you declare that you have read, understood and fully accepted this document.

0. Identification of the Operator

0.1. This application is developed and operated by Gustavo Vendramin Borges, an individual residing in Paranavaí, PR, Brazil, hereinafter referred to as the "Developer".

0.2. Current product stage: This application is in a testing stage (beta / MVP version). Features may be incomplete, subject to change or discontinuation without prior notice. Use at this stage is voluntary, and the user expressly acknowledges the product's development stage.

0.3. Contact: contato@usetapfit.com (response time: up to 15 business days, under art. 48 of the Brazilian Consumer Defense Code — CDC).

1.1. TapFit is a digital platform for educational and informational content on general well-being, physical activity and healthy eating. All content provided — including food suggestions, workout references, calorie estimates and well-being protocols — is exclusively educational and informational in nature.

1.2. TapFit is not and does not constitute:

  • a health service of any kind;
  • a medical, nutrition, or physical education practice;
  • a physician, dietitian, physical therapist, personal trainer, or any health professional;
  • Clinical Decision Support Software (CDSS);
  • a medical device or product subject to regulation by ANVISA (the Brazilian Health Regulatory Agency).

1.3. The suggestions generated by TapFit's Artificial Intelligence do not constitute a nutritional prescription, a physical exercise prescription, nor a medical prescription of any kind.

1.4. TapFit is not subject to ANVISA regulation as health software, since it does not perform diagnoses, does not prescribe treatments, does not monitor vital signs in real time, and does not integrate with electronic health records.

2. Target Audience and Restrictions on Use

2.1. Age restriction: TapFit is intended exclusively for people aged 18 (eighteen) or older.

2.2. Restrictions based on health condition: You are prohibited from using TapFit's suggestions without in-person supervision by a physician or qualified health professional if you have any of the conditions below:

  • A) Cardiovascular: history of heart attack, heart failure, arrhythmias, uncontrolled hypertension, heart murmur, angina, chest pain, or any heart condition.
  • B) Metabolic: type 1 diabetes mellitus, decompensated type 2 diabetes, recurrent hypoglycemia, morbid obesity (BMI > 40), untreated thyroid disorders.
  • C) Neurological: epilepsy, history of seizures, frequent dizziness, labyrinthitis, syncope or fainting.
  • D) Musculoskeletal: severe joint injuries, symptomatic herniated discs, advanced osteoporosis, fractures still healing, or surgeries performed less than 12 months ago.
  • E) Medication: use of any controlled prescription medication.
  • F) Pregnancy and breastfeeding: pregnancy at any trimester or breastfeeding period.
  • G) Eating disorders: anorexia nervosa, bulimia nervosa, binge eating disorder, or any diagnosed or suspected eating disorder.
  • H) Chronic diseases: any diagnosed chronic disease (renal, hepatic, autoimmune, oncological) that may be affected by changes in diet or physical activity.
  • I) General clause: any other condition that, in the assessment of a health professional, contraindicates changes to diet or exercise routine.

2.3. If you have any doubt about your health condition, consult a physician before starting any suggestion from this application.

3. Nature and Limitations of AI-Generated Content

3.1. TapFit's content is generated by Large Language Models (LLMs). These models are statistical text-processing tools and do not have professional training, diagnostic capability, access to your complete clinical history, nor professional ethical responsibility.

3.2. AI-generated content may contain inaccuracies and hallucinations (generation of factually incorrect information), suggestions unsuited to your specific profile, or outdated information. You fully assume the risk arising from the use of this information.

3.3. The calorie, macronutrient and training-load estimates presented are reference values calculated from population-based equations (such as Harris-Benedict, Mifflin-St Jeor and estimated TDEE). These values do not reflect your actual metabolic rate.

3.4. Allergies and intolerances: The system has no ability to detect hidden allergies, cross-contamination, individual food sensitivities, or interactions between food and medication.

4. Voluntary Assumption of Risk

4.1. By using this application, you declare, freely, consciously and having been informed, that you voluntarily and fully assume the following risks:

  • muscle, tendon and ligament injuries;
  • bone fractures from exertion or accident;
  • adverse cardiovascular events, including acute myocardial infarction and stroke;
  • hypoglycemia, dehydration and electrolyte disturbances;
  • allergic reactions to food, including anaphylactic shock;
  • worsening of pre-existing health conditions;
  • and, in extreme situations, death.

5. Disclaimer of Liability

5.1. To the maximum extent permitted by applicable Brazilian law, TapFit, its developers, controllers, operators and collaborators are not liable for:

  • physical harm, injury, temporary or permanent disability, or death arising from the use of the application's suggestions;
  • psychological harm, including worsening of eating disorders, anxiety or depression;
  • property damage resulting from treatments or procedures started based on the application's suggestions;
  • inaccuracies, errors or hallucinations in AI-generated content;
  • service unavailability, data loss or technical failures;
  • unauthorized access to your data by third parties, despite the security measures adopted;
  • harm arising from use by minors under 18 years of age.

5.2. This clause does not exclude liability for willful misconduct or for breach of the duty to inform under the Brazilian Consumer Defense Code (Law 8,078/1990).

6. Intellectual Property and User Content

6.1. Content generated by TapFit for you is for personal, non-commercial use. Reproduction, distribution, commercialization or publication of content generated by the application without TapFit's express prior authorization is prohibited.

6.2. By submitting photos, audio or other content to the application, you grant TapFit a limited, non-exclusive and revocable license to process that content solely for the purpose of providing the contracted service.

7. Promotional Partnerships

7.1. TapFit may enter into promotional partnerships with content creators and other partners. Each partnership is governed exclusively by its own contract, entered into separately with the partner, and these Terms do not create, for any user, any right to a commission, payment or referral benefit.

7.2. When promoting TapFit, the partner is responsible for the content it publishes and must comply with the Brazilian Consumer Defense Code, the Brazilian Code of Advertising Self-Regulation (CONAR) and the prohibition on promises of health outcomes, in accordance with clauses 1.2, 1.3 and 3.

8. Changes to the Terms

8.1. TapFit may change these Terms at any time. The current version, with the date of the last update at the top, is always published on this page and in the app, under Profile → Settings → Terms of use.

8.2. Changes take effect when the updated version is published, and continued use of the application after that constitutes acceptance of the new conditions. If you do not agree with the changes, you may cancel the subscription through the store (clause 11.4) and delete your account.

9. General Provisions

9.1. Jurisdiction and governing law: These Terms are governed by the law of the Federative Republic of Brazil. The courts of the district of Paranavaí — PR, Brazil are elected as competent to settle any non-consumer disputes.

9.2. Partial invalidity: The invalidity or unenforceability of any clause does not affect the validity of the remaining ones.

9.3. Contact: contato@usetapfit.com — Operator: Gustavo Vendramin Borges, Paranavaí — PR, Brazil.

10. Refunds, Cancellation and Right of Withdrawal

Refunds are requested from the store, not by email. The subscription is charged by Apple or Google, and only the store where you made the purchase can refund the amount. On iPhone, TapFit has no access whatsoever to refunds. The official links are in clause 10.2.

10.1. Who charges: Every TapFit subscription is purchased and paid for within the Apple App Store (iPhone and iPad) or Google Play (Android). Billing, reversals and refunds are carried out by the store itself, on the account and payment method you registered with it. TapFit does not receive or store your card details (clause 11.8).

10.2. How to request a refund: Refund requests are made exclusively in the store where the purchase was made:

10.3. Who decides: Without prejudice to the right of withdrawal (clause 10.5) and to whatever else applicable law requires, payments are subject to the store's refund policies. The review of the request, the response time and the refund of the amount are handled by the store, under its own rules, which may vary by country and by the time elapsed since the purchase. The final decision always rests with the store. When the store consults TapFit about a request, TapFit may tell the store how the subscription was used and what its position on the request is, under clause 10.3-A.

10.3-A. Information sent to the store with a refund request: When you request a refund for a TapFit subscription, Apple or Google may consult TapFit before deciding. By accepting these Terms, you agree that, in that consultation, TapFit may send to the store where the purchase was made:

  • (a) information about the purchase: date, plan and whether PRO access was granted;
  • (b) indicators of how the subscription was used after the purchase, such as the days the app was opened and the number of workouts and meals logged. Only numbers are sent, never the content: no weight, measurement, photo, meal, health condition or conversation;
  • (c) TapFit's position on the request, which may be against the refund when the service was provided.

This data goes only to the store where the purchase was made, only when there is a refund request from you, and only so that the store can decide that request. You may revoke this agreement at any time by emailing contato@usetapfit.com (clause 12). Revocation applies to refund requests made after it. Revoking does not prevent the refund and does not change your right of withdrawal (clause 10.5).

10.4. Requests by email: TapFit does not process refund requests by email, WhatsApp or any other channel of its own, except in the case provided for in clause 10.4-A. Other refund requests sent to contato@usetapfit.com will be answered with the instructions in clause 10.2. The email address remains available for questions about billing, access and your account.

10.4-A. Android, only after a denial by Google Play: If the purchase was made on Google Play, you have already requested the refund from Google through the path in clause 10.2 and that request was denied, you may send an email to contato@usetapfit.com stating the email address of the account used in TapFit, expressly declaring that you have already requested the refund from Google Play and that it was denied, and attaching proof of the denial (a screenshot or an email from Google). TapFit will review the request. If you have not yet requested the refund from Google Play, make that request first (clause 10.2): emails without proof of the denial will be answered with the instructions in that clause. This clause does not apply to purchases made on the App Store, whose refund is decided exclusively by Apple (clause 10.3).

10.5. Right of withdrawal (Article 49 of the CDC): Nothing in these Terms excludes the right of withdrawal provided for in Article 49 of the Brazilian Consumer Defense Code (CDC), within the 7 (seven) day period established therein. Since the purchase and the billing take place in the store, this right is exercised through the same tool used for the purchase (Article 5, §1, of Brazilian Decree 7,962/2013), that is, in the store where the purchase was made, through the path in clause 10.2, within that period. The store itself confirms receipt of the request. It is recommended that you expressly mention Article 49 of the CDC when making the request.

10.6. Canceling is not requesting a refund: Canceling the subscription stops future renewals but does not refund amounts already charged. To get back an amount already charged, you must submit the refund request described in clause 10.2. The cancellation path is in clause 11.4.

10.7. Deleting the app or the account does not cancel the subscription: The subscription belongs to your Apple or Google account, not to the installed application. Uninstalling TapFit or deleting your TapFit account does not cancel the subscription or stop the store's charges. Always cancel through the store (clause 11.4).

10.8. Effect of a refund: When the store approves a refund, the corresponding PRO access is terminated automatically.

11. Subscription, Automatic Renewal and Payment

11.1. Plans and price: TapFit offers monthly PRO and annual PRO subscriptions. The price of each plan and the length of any free trial period are shown in the application and in the respective store before the purchase is confirmed, and it is this information displayed at the time of purchase that binds the parties. These prices and periods may vary according to country, local currency, time of purchase, promotional conditions and market tests, and may be changed at any time for new purchases, with no effect on subscriptions already in force.

11.2. Free trial: When the offer includes a free trial, PRO access is full and free of charge during the period shown at the time of purchase. Canceling before the end of the trial prevents the charge. If there is no cancellation, at the end of the trial the store automatically charges the contracted amount. The free trial is limited to a single purchase per user, Apple ID or Google account.

11.2-A. The annual plan is charged all at once. ANNUAL PRO is charged as a single payment of the full annual amount, at the start of each annual period (or at the end of the free trial, if any). It is not split into installments and is not charged month by month. The "per month" amount that the subscription screen may display is only a comparison reference (the annual amount divided by 12) and does not correspond to installments. The total amount that will be charged appears on the subscription screen and in the store's confirmation window, before you confirm the purchase.

11.3. Automatic renewal: The subscription renews automatically at the end of each period (monthly or annual) for the same amount, unless canceled beforehand. The charge is made by the respective store to the payment method registered by the user.

11.4. Cancellation: The user may cancel automatic renewal at any time, without penalty or additional charge, exclusively through the store's subscription panel:

Cancellation must be made at least 24 (twenty-four) hours before the end of the current period to take effect before the next charge. Uninstalling the application or deleting the account does not cancel the subscription (clause 10.7).

11.5. Access after cancellation: After cancellation, the user keeps PRO access until the end of the period already paid for.

11.6. Payment failure: If automatic renewal fails (card declined, insufficient funds, etc.), the store may offer a grace period. If the payment is not regularized, PRO access is terminated.

11.7. Price changes: Price increases for active subscribers are communicated in advance, in accordance with the stores' policies, and the user may cancel the renewal before the new price takes effect.

11.8. Card details: TapFit does not store card details: all payment management is handled by the stores (Apple and Google) and by RevenueCat.

12.1. Under the LGPD (Brazilian General Data Protection Law, Art. 8, §5), you may revoke at any time the consent you gave for the processing of your data.

12.2. Consent to sending data to the artificial intelligence providers (OpenAI and Google Gemini), including the international transfer to servers in the USA, is essential for generating the personalized plan. To revoke it, delete your account under Profile → Settings → My data → Delete account. Revocation ends the personalized service, but does not cancel the subscription in the store (clause 10.7).

12.3. Push notifications and access to the camera or photo gallery may be revoked at any time in the device settings, without affecting basic functionality. Sending usage information to the store in refund requests (clause 10.3-A) can be revoked by emailing contato@usetapfit.com, also without affecting the service.

12.4. Revocation takes effect from that point forward and does not invalidate processing carried out earlier on the basis of the consent then in force.

13. Hold Harmless / Reverse Indemnification

13.1. The User agrees to indemnify and hold harmless TapFit, its operators and suppliers from any claims, damages, losses, costs and expenses (including reasonable attorney's fees) arising from:

  • (i) misuse of the service;
  • (ii) violation of these Terms;
  • (iii) false statements made during a health assessment;
  • (iv) use by a minor under 18 against its express prohibition;
  • (v) following AI-generated educational content without consulting a qualified professional, where applicable given the declared health conditions.

14. Force Majeure and Technological Limitation

14.1. TapFit operates with generative artificial intelligence, which is subject to generation failures ("hallucination"), unavailability of third-party providers, and model updates.

14.2. The User acknowledges that such events are inherent to the technology and do not constitute a service defect (CDC Art. 12, §1, II — "state of the art" defense).

15. No Diagnosis (Reinforcing Brazilian Professional Regulations)

15.1. Content generated by TapFit does not constitute:

  • (a) a dietary prescription under Brazilian Law 8,234/91 and CFN Resolution 600/2018 (the Brazilian nutrition profession's regulator);
  • (b) a physical exercise prescription under Brazilian Law 9,696/98 and CONFEF Resolution 307/2015 (the Brazilian physical education profession's regulator);
  • (c) diagnosis, treatment, prevention or cure of any medical condition, under Brazilian Law 12,842/2013 and applicable CFM (Federal Council of Medicine) resolutions.

15.2. Any and all suggestions are informational and educational in nature, under the Brazilian Civil Rights Framework for the Internet (Law 12,965/2014, Art. 7, IX).

16. Electronic Evidence and Audit Trail

16.1. The User expressly acknowledges and consents that:

  • (a) TapFit stores a technical record of each acceptance (server date and time, version and SHA-256 hash of the accepted text, platform, account identifier and email), with evidentiary force under Brazilian Code of Civil Procedure Art. 411, IV;
  • (b) such records may be presented as primary evidence in any dispute;
  • (c) the burden of proving non-acceptance rests with the User.

17. Digital Jurisdiction and Venue

17.1. Brazilian law applies to these Terms.

17.2. For disputes arising from a consumer relationship, the venue will be the User's domicile (CDC Art. 101, I).

17.3. For disputes that do not constitute a consumer relationship (e.g., corporate promotional partners, B2B partners), the courts of the district of Paranavaí/PR, Brazil are elected.

17.4. The parties agree that electronic communications (registered email, in-app push notifications) have the same legal validity as physical notice.

18. Survival Clause

18.1. Clauses §4 (Risks), §5 (Disclaimer), §13 (Hold Harmless), §14 (Force Majeure), §15 (No Diagnosis), §16 (Electronic Evidence) survive termination of the User's account for the applicable statute of limitations period (Brazilian Civil Code Art. 206).

19. App Obtained from the App Store or Google Play

19.1. These Terms are entered into between you and TapFit, and not with Apple Inc. or Google LLC. TapFit, and not Apple or Google, is responsible for the application and its content, subject to the provisions of these Terms.

19.2. Use of the application must also comply with the rules of the store from which it was obtained (Apple Media Services Terms and Conditions or Google Play Terms of Service). Apple and Google have no obligation to provide maintenance or support for the application.

19.3. In the event of any failure of the application to conform to an applicable warranty, you may notify Apple, which may refund the purchase price, under its own rules. To the extent permitted by law, Apple has no other warranty obligation with respect to the application.

19.4. Apple is not responsible for claims by you or by third parties relating to the application or its use, including product liability claims, claims of failure to comply with a legal or regulatory requirement, and claims based on consumer protection legislation, without prejudice to the rights that such legislation grants you against TapFit.

19.5. In the event of a third-party claim that the application or its use infringes intellectual property rights, TapFit, and not Apple, is responsible for the investigation, defense and resolution of the claim.

19.6. Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the license to use the application and, upon your acceptance, may enforce compliance with them.

20. Account Suspension and Termination

20.1. TapFit may suspend or terminate the account, upon notice sent to the registered email address, in the event of fraud, misuse of the service, attempts to circumvent technical limits, violation of these Terms, or a legal or court order.

20.2. Termination of the account by TapFit does not cancel the subscription in the store; when it occurs through no fault of the user, TapFit will indicate the path for requesting a refund from the store (clause 10.2).

20.3. You may close your account at any time under Profile → Settings → My data → Delete account, bearing in mind that this does not cancel the subscription in the store (clause 10.7).