TERMS OF SERVICE — ION

Last Updated: 14 February 2026

1. INTRODUCTION AND ACCEPTANCE

1.1 Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Carlos Martín de Argila, a sole proprietor registered in Madrid, Spain ("ION," "we," "us," or "our"), governing your access to and use of the ION mobile application (the "App"), including all features, content, functionality, and services offered on or through the App.

1.2 Acceptance

By downloading, installing, creating an account, or otherwise accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease all use of the App and delete it from your device.

1.3 Additional Policies

Your use of the App is also governed by our Privacy Policy, available at [https://getion.app/privacy], which is incorporated herein by reference. By accepting these Terms, you also acknowledge and accept our Privacy Policy.

2. ELIGIBILITY

2.1 Minimum Age

You must be at least fourteen (14) years of age to create an account and use the App. This minimum age is established in accordance with Spain's Ley Orgánica de Protección de Datos Personales y Garantía de los Derechos Digitales (LOPDGDD). If you are between 14 and 18 years of age, you represent that you have obtained the consent of your parent or legal guardian to use the App and that your parent or legal guardian has read and agrees to these Terms on your behalf.

2.2 Account Responsibility

You are solely responsible for maintaining the confidentiality of your account credentials. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are fully responsible for all activity that occurs under your account.

2.3 Account Termination by User

You may delete your account and all associated data at any time from within the App. Upon deletion, all personal data, workout logs, nutrition data, uploaded photos, and other user-generated content will be permanently and irreversibly removed from our servers, subject to any legal retention obligations.

3. DESCRIPTION OF THE SERVICE

3.1 Overview

ION is a fitness, nutrition, and wellness tracking application that allows users to:

3.2 Apple HealthKit Integration

The App integrates with Apple HealthKit to read heart rate data and sleep analysis data (including sleep scores and sleep phases). The App does not write data to HealthKit. All HealthKit data is processed and displayed in accordance with Apple's HealthKit guidelines. We do not use HealthKit data for advertising, marketing, or any purpose other than providing the App's core functionality to you.

3.3 Supported Platforms

The App is currently available for iOS. An Apple Watch companion application may be made available in the future. We reserve the right to modify, expand, or discontinue platform support at any time.

4. SUBSCRIPTIONS, PAYMENTS, AND BILLING

4.1 Free and Pro Tiers

The App offers a free tier ("ION Free") with certain feature limitations and a paid subscription tier ("ION Pro") that unlocks additional features and higher usage limits. The specific features, limitations, and benefits of each tier are described within the App and may be updated from time to time at our sole discretion.

4.2 Fair Use and Reasonable Limits

Features described as "unlimited" within ION Pro are subject to reasonable-use limits designed to ensure platform stability and prevent abuse. These limits are set substantially above what any ordinary user would reach through normal use of the App. We reserve the right to enforce such limits and to contact you if your usage pattern suggests automated or abusive activity.

4.3 Subscription Plans

ION Pro is available through the following auto-renewing subscription periods: weekly, monthly, and annual. Certain plans may include a free trial period. The specific pricing and trial duration for each plan are displayed within the App at the time of purchase and may be changed at our discretion. Any price changes will not affect active subscription periods already paid for.

4.4 Billing and Renewal

All payments are processed exclusively through Apple's In-App Purchase system. By subscribing, you agree to the following:

4.5 Refunds

All billing, refunds, and payment disputes are handled exclusively by Apple in accordance with Apple's applicable refund policies. We do not process payments or issue refunds directly. To request a refund, you must contact Apple Support or use Apple's "Report a Problem" system.

4.6 Changes to Subscription Features

We reserve the right to modify, add, or remove features from any subscription tier at any time. If we materially reduce the features included in ION Pro, we will provide reasonable notice via in-app notification. Such changes will take effect at the start of your next billing period.

5. USER-GENERATED CONTENT

5.1 Ownership

You retain full ownership of all content you create, upload, or input through the App, including but not limited to: custom exercise names and descriptions, workout logs, nutrition photos, profile images, and routine configurations (collectively, "User Content").

5.2 License to Operate

By submitting User Content to the App, you grant us a limited, non-exclusive, royalty-free, worldwide license to store, process, and display such User Content solely for the purpose of providing and improving the App's functionality to you. This license terminates upon deletion of the relevant content or your account.

5.3 Prohibited Content

You agree not to upload, create, or transmit through the App any content that:

We reserve the right to remove any User Content that violates these Terms, without prior notice.

6. AI-POWERED ASSISTANT

6.1 Nature of the AI Assistant

The App includes an AI-powered assistant (the "AI Coach") that can respond to general fitness-related queries and reference your workout data to provide contextual responses. The AI Coach is powered by third-party large language model (LLM) providers accessed through the OpenRouter service. The specific underlying AI model may change at any time without notice.

6.2 ⚠️ AI IS NOT A MEDICAL, HEALTH, FITNESS, OR NUTRITION PROFESSIONAL

THE AI COACH IS PROVIDED STRICTLY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. You expressly acknowledge and agree that:

6.3 Data Shared with AI Providers

To provide contextual responses, the AI Coach may transmit certain user data — including workout history, exercise names, and routine information — to third-party AI providers. This data is transmitted solely to generate responses to your queries. Please refer to our Privacy Policy for further details on data handling.

6.4 Usage Limits

The AI Coach is subject to usage limits that vary depending on your subscription tier (Free or Pro). These limits are described within the App and may be adjusted at any time.

7. HEALTH, FITNESS, AND WELLNESS DISCLAIMER

7.1 ⚠️ THE APP IS NOT A MEDICAL DEVICE

ION IS A GENERAL-PURPOSE FITNESS AND WELLNESS TRACKING TOOL. IT IS NOT A MEDICAL DEVICE, AND IT IS NOT DESIGNED, INTENDED, OR APPROVED TO DIAGNOSE, TREAT, CURE, PREVENT, OR MITIGATE ANY DISEASE, MEDICAL CONDITION, OR HEALTH PROBLEM.

7.2 No Professional Advice

Any information displayed by the App — including but not limited to sleep analysis scores, sleep phase data, heart rate displays, suggested sleep duration, nutritional macro breakdowns, 3D muscle activation visualizations, and any future caloric or macronutrient recommendations — is provided for general informational and personal tracking purposes only.

Such information:

7.3 Consult a Professional

BEFORE STARTING ANY NEW EXERCISE PROGRAM, DIET, OR WELLNESS REGIMEN — OR IF YOU HAVE ANY PRE-EXISTING MEDICAL CONDITIONS, INJURIES, OR HEALTH CONCERNS — YOU SHOULD CONSULT A QUALIFIED PHYSICIAN OR APPROPRIATE HEALTHCARE PROFESSIONAL.

7.4 Assumption of Risk

Physical exercise involves inherent risks, including but not limited to: musculoskeletal injury, cardiovascular events, overexertion, dehydration, and in rare cases, death. By using the App to track or guide your fitness activities, you acknowledge these risks and voluntarily assume full responsibility for your physical activity and health decisions.

7.5 Heart Rate and Sleep Data Accuracy

Heart rate and sleep data displayed in the App are sourced from Apple HealthKit and originate from your connected wearable device(s). We do not independently measure, verify, or guarantee the accuracy of this data. Such data should not be relied upon for medical monitoring or emergency detection. If you believe you are experiencing a medical emergency, call your local emergency number immediately.

8. INTELLECTUAL PROPERTY

8.1 Our Property

The App, including but not limited to its design, code, 3D models, user interface, graphics, logos, icons, and the "ION" name and brand (collectively, the "ION Property"), is owned by us and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the ION Property except for the limited license to use the App in accordance with these Terms.

8.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices that you own or control, solely for your personal, non-commercial purposes.

8.3 Restrictions

You agree not to:

9. LIMITATION OF LIABILITY

9.1 To the Maximum Extent Permitted by Law

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING EU CONSUMER PROTECTION REGULATIONS, WE SHALL NOT BE LIABLE FOR:

9.2 Maximum Liability Cap

To the extent that liability cannot be fully excluded under applicable law, our total aggregate liability to you for any and all claims arising out of or related to these Terms or your use of the App shall not exceed the total amount you have paid to us (through Apple In-App Purchase) in the twelve (12) months immediately preceding the event giving rise to the claim, or fifty euros (€50), whichever is greater.

9.3 Consumer Rights Preserved

Nothing in these Terms shall limit or exclude liability in ways that are prohibited by the laws of the European Union, the Kingdom of Spain, or any other mandatory applicable consumer protection legislation. If you are a consumer residing in the European Union, you retain all mandatory rights granted to you under applicable EU law, and these Terms do not override those rights.

10. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Carlos Martín de Argila and any future affiliates, officers, agents, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

11. TERMINATION

11.1 By You

You may terminate your use of the App at any time by deleting your account within the App and uninstalling the App from your device. Deletion of your account will result in the permanent removal of all associated data from our servers. Cancellation of your subscription must be done separately through your Apple ID account settings.

11.2 By Us

We reserve the right to suspend or terminate your account and access to the App, without prior notice, if we reasonably believe that:

11.3 Survival

Sections 5.2, 6.2, 7, 9, 10, and 13 shall survive any termination or expiration of these Terms.

12. THIRD-PARTY SERVICES

12.1 Apple

The App is distributed through the Apple App Store and uses Apple In-App Purchase for payment processing. Your relationship with Apple is governed by Apple's own terms and conditions. We are not responsible for Apple's services, policies, or actions.

12.2 Apple HealthKit

The App reads data from Apple HealthKit with your explicit permission. You may revoke this permission at any time through your device's Health settings. We comply with Apple's HealthKit guidelines and do not use HealthKit data for advertising or marketing.

12.3 AI Providers

The AI Coach utilizes third-party AI providers. While we select reputable providers, we do not control and are not responsible for the outputs generated by third-party AI models. The specific AI provider may change without notice.

12.4 No Endorsement

Reference to any third-party product, service, or provider does not constitute an endorsement by us.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Spain, without regard to its conflict-of-law provisions.

13.2 Jurisdiction

Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Madrid, Spain, subject to the mandatory consumer protection provisions of the European Union that may grant you the right to bring proceedings in the courts of your country of residence.

13.3 EU Consumer Rights

If you are a consumer residing in the European Union, you may also be entitled to use the European Commission's Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr. Our contact email for dispute resolution purposes is: carlosmdalbusinessman@gmail.com.

14. CHANGES TO THESE TERMS

14.1 Right to Modify

We reserve the right to modify, amend, or replace these Terms at any time. When we make material changes, we will notify you by displaying a prominent in-app notification.

14.2 Effective Date

Updated Terms become effective upon the date indicated in the "Last Updated" line at the top of this document. Your continued use of the App after the effective date constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the App and delete your account.

15. MISCELLANEOUS

15.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the App, and supersede all prior agreements, understandings, or representations.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as expressly provided herein.

15.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, wars, pandemics, government actions, internet or infrastructure failures, or third-party service outages.

16. CONTACT

If you have any questions, concerns, or complaints regarding these Terms or the App, please contact us at:

Carlos Martín de Argila Madrid, Spain 📧 carlosmdalbusinessman@gmail.com