Terms of Service

These Terms of Service are a contract between you and Matthys Benson, trading as MJB Strategic ("we", "us", "our"), based in the Republic of South Africa. They cover your use of Persisto.fit (the "service").

By creating an account or using Persisto.fit, you agree to these terms. If you do not agree with them, please do not use the service.

These terms are intended to be read together with the Persisto.fit Privacy Policy, Refunds & Cancellation Policy, and Delete My Account & Data page.

What Persisto.fit is

Persisto.fit is a personal gym and progress-tracking tool. It lets you record workout sessions, exercises, weight and other training data, and view your own progress over time.

Persisto.fit is a tracking and record-keeping service. It is not a medical device and is not a substitute for medical care, diagnosis or professional advice.

Who can use Persisto.fit

You must be at least 16 years old to create a Persisto.fit account. If you are under the age of legal majority where you live, you confirm that a parent or guardian has agreed to these terms on your behalf. You must also be legally capable of entering into an agreement under the laws that apply to you.

Your account

You are responsible for keeping your login details secure and for the accuracy of the training data you enter. One account is for one person; please do not share your account with another person.

You must provide accurate information when creating your account and must not use another person's identity or account without permission.

You may stop using Persisto.fit or ask us to delete your account at any time. The account-deletion process is described on our Delete My Account & Data page.

If you believe someone has obtained unauthorised access to your account, please contact us at showup@persisto.fit.

Subscriptions, free trials and billing

Persisto.fit is offered through mobile app stores as a subscription with a free trial period. You are not charged during the trial.

Unless you cancel before the trial ends, the subscription automatically renews and you are charged the subscription price through the app store you subscribed via, on a recurring basis, until you cancel. If you do not cancel before the trial ends, the subscription automatically converts to the paid subscription described to you when you subscribed, and the relevant app store processes the resulting payment.

The length of the free trial and the subscription price applicable to you are shown through the relevant app store before you subscribe. Billing, receipts and cancellation are handled through that app store, not directly by us.

You can cancel at any time from your app store's subscription settings. Cancelling stops future charges, and your access continues until the end of the period you have already paid for. You are responsible for cancelling through the app store before the trial ends if you do not want the paid subscription to begin.

See our Refunds & Cancellation Policy for information about refunds and cancellation. Nothing in these terms removes or limits any mandatory consumer right that applies to you under the law of your country or region.

Health and fitness disclaimer

Persisto.fit is a tracking and record-keeping tool. It is not a medical device and does not provide medical, health or professional fitness advice.

Any score, target, projection or suggestion shown in the app is calculated from the data you entered and is provided for your own informational use only. You should not treat information displayed by Persisto.fit as a diagnosis, medical recommendation or substitute for advice from a qualified healthcare professional.

Speak to a doctor before starting any new exercise programme, especially if you have an existing health condition. You are responsible for deciding whether an exercise, workout, target or activity is appropriate for your own circumstances, and for stopping an activity if you believe it is unsafe.

Your training data

You own the training data you enter into Persisto.fit. We do not claim ownership of it. We store and process your training data to provide the service to you, as described in our Privacy Policy.

You are responsible for ensuring that information you enter is accurate and that you have the right to enter it. You must not intentionally upload another person's private information without their permission.

Our rights to operate the service, including our rights in the Persisto.fit software, design and branding, are separate from your ownership of the training information you enter.

Our software, design and branding

We own Persisto.fit's software, design and branding. Except where applicable law gives you a right to do so, you must not copy, reproduce, modify, distribute, sell, license, reverse-engineer or commercially exploit any part of Persisto.fit without our permission.

Using the service does not give you ownership of the software, design, branding or other intellectual property that belongs to us.

Acceptable use

You agree not to:

• use Persisto.fit for anything unlawful
• try to access another person's account or data without permission
• attempt to reverse-engineer, scrape or interfere with the service
• introduce malicious code or other harmful material
• attempt to bypass security or access controls
• use the service in a way that could damage, disable or overburden it
• use automated methods to access the service in a way that materially interferes with its operation

These restrictions do not prevent you from exercising rights that cannot legally be restricted.

Service availability and changes

We aim to keep Persisto.fit available and working reliably, but we cannot promise that the service will always be available, uninterrupted or error-free. The service may occasionally be unavailable because of maintenance, technical problems, security issues, infrastructure failures, changes to third-party services, or circumstances outside our reasonable control.

We may also change, improve, add or remove features as Persisto.fit develops. Where a change materially affects a paid service or a right you have under applicable law, we will provide any notice required by law.

Third-party services

Persisto.fit relies on third-party services, including the mobile app stores through which it is distributed and billed. Those third parties may have their own terms and policies; for example, billing, receipts and subscription cancellation are handled through the relevant app store. Our Privacy Policy explains the principal third-party service providers we use and how personal information is handled.

Ending your access

You may stop using Persisto.fit at any time, and you may request deletion of your account and data through our account-deletion process.

We may suspend or end an account where you materially breach these terms, misuse the service, create a security risk, or where we are required to do so by law. Where reasonably possible, we will tell you why.

If we suspend or terminate a paid account, any resulting refund or other consumer rights will be handled in line with applicable law and our Refunds & Cancellation Policy. Termination of your account does not automatically remove information we are legally required to retain; our Privacy Policy explains our retention and deletion practices.

Refunds and consumer rights

Our Refunds & Cancellation Policy explains the refund and cancellation arrangements applicable to Persisto.fit. Nothing in that policy or these terms is intended to remove a consumer right that cannot legally be excluded. If you are a consumer in a jurisdiction that gives you mandatory rights concerning digital services, subscriptions, cancellation or refunds, those rights continue to apply.

No warranty and limitation of liability

Persisto.fit is provided on an "as is" basis. We do our best to keep the service running reliably and your data safe, but we do not promise that the service will always be available, uninterrupted or error-free.

To the maximum extent permitted by applicable law, we are not liable for indirect losses arising from your use of the service, including any injury arising from your own training decisions. Nothing in these terms excludes or limits liability where doing so would be unlawful, or any mandatory consumer right or remedy that applies to you.

Events outside our reasonable control

We are not responsible for a failure or delay in providing the service caused by circumstances outside our reasonable control, including failures of third-party infrastructure, app stores, hosting providers, internet services or telecommunications networks. This does not remove any consumer rights or remedies that cannot legally be excluded.

Governing law and disputes

These terms are governed by the laws of the Republic of South Africa, and any dispute is subject to the jurisdiction of the South African courts, regardless of where you access Persisto.fit from. This does not remove any mandatory consumer-protection or jurisdictional rights that apply to you under the law of your own country or region.

Changes to these terms

We may update these terms from time to time. If we make a material change, we will update the date at the top of this page and, where appropriate, let you know directly. Continuing to use Persisto.fit after an updated version takes effect means you accept the updated terms. If you do not agree to a material change, you may stop using Persisto.fit and, where applicable, cancel your subscription through the relevant app store.

Electronic acceptance

These terms may be accepted electronically when you create an account or use Persisto.fit. You should have an opportunity to review the terms before agreeing to them.

If part of these terms is invalid

If a court or other competent authority determines that a particular provision of these terms is unlawful or unenforceable, that provision applies only to the extent legally permitted, and the remaining provisions continue to operate. This does not prevent you from relying on any mandatory right available under applicable law.

No waiver

If we do not immediately enforce a provision of these terms, that does not mean we have permanently waived our right to enforce it later.

Contact us

Questions about these terms can be sent to showup@persisto.fit.

Persisto.fit is operated by Matthys Benson, trading as MJB Strategic, Republic of South Africa.