HIPAA

Important: this document describes how the user’s health and wellness information may be collected, used, protected, stored, shared, and, where applicable, disclosed by Fitsse, as well as the user’s rights regarding such data. Please read it carefully.

1. Identification of the Platform

These Privacy, Confidentiality, and Health Data Security Terms (“Terms”) govern the processing of data carried out by Fitsse, a digital platform operated by Nexeup, LLC, with headquarters at Albany, NY, hereinafter referred to simply as “Fitsse”.

For purposes of these Terms, Fitsse may act:

a) as a digital fitness, nutrition, health, and wellness platform offering features such as Mental Health, Calorie Counter, and NeuralFit;
b) as an operator of digital services that process personal data and data related to health and wellness;
c) where applicable and depending on the specific contractual and regulatory structure of each operation, as an entity subject to HIPAA, or as a provider that adopts a HIPAA-equivalent contractual standard.

If, in a given operation, Fitsse acts on behalf of a hospital, clinic, health plan, healthcare professional, or other entity covered by HIPAA, these Terms shall be read together with the applicable contracts, including Business Associate Agreements (BAAs), internal policies, data processing addenda, and other relevant regulatory documents.

2. Purpose and Scope of the Terms

These Terms are intended to:

I. establish clear rules regarding the collection, use, access, protection, retention, and disposal of data related to the user’s health, wellness, nutrition, behavior, and routine;
II. formalize Fitsse’s commitment to the confidentiality, integrity, availability, and security of such data;
III. regulate the processing of particularly sensitive data generated through the use of the Mental Health, Calorie Counter, and NeuralFit features;
IV. describe the user’s rights regarding their information;
V. establish objective limits for internal use, third-party sharing, AI model training, advertising, profiling, and incident response;
VI. adopt, where applicable, practices consistent with HIPAA principles and requirements, including with respect to minimum necessary, access controls, audit records, and incident notification.

3. Definitions

For purposes of these Terms, the following definitions apply:

3.1. Protected Health Data: any information related to the user’s physical, mental, nutritional, biometric, behavioral, emotional, or wellness condition, whether identified or identifiable, including data that, alone or in combination, may allow the inference of health status, habits, limitations, goals, symptoms, risk, physical progress, food intake, or emotional distress.

3.2. PHI / Protected Health Information: where applicable to the specific regulatory structure of the operation, means protected health information as defined under HIPAA.

3.3. ePHI: PHI in electronic form.

3.4. Sensitive Mental Health Data: free-text entries, emotional reports, mood check-ins, subjective perceptions, behavioral patterns, signs of psychological distress, requests for emotional guidance, and other information entered into the Mental Health feature or processed by NeuralFit in the context of mental wellness.

3.5. Nutritional and Metabolic Data: age, weight, height, body measurements, calories consumed, nutritional goals, weight goals, food history, dietary preferences, restrictions, reported allergies, and other data associated with the Calorie Counter.

3.6. AI Data: prompts, responses, summaries, suggestions, personalization parameters, operational context, usage logs, and signals derived from the use of NeuralFit, provided that they relate to the user or may affect the user individually.

3.7. De-identification/Anonymization: a technical and organizational process intended to reduce, remove, or dissociate identifying elements so that the information cannot reasonably be linked to a specific individual.

3.8. Authorized Third Party: any individual or legal entity granted access to user data based on a valid legal basis, a contractual confidentiality obligation, and safeguards equivalent to those provided for in these Terms.

3.9. Security Incident: any confirmed or suspected event resulting in unauthorized access, improper use, loss, destruction, alteration, unavailability, exfiltration, leakage, or improper disclosure of protected data.

4. Scope of the Data Processed by Fitsse

Fitsse may process, depending on the features effectively used by the user, the following categories of data:

4.1. Registration and account data

Name, email, phone number, login identifiers, access credentials, profile preferences, language, country, time zone, communications with support, and data necessary for account authentication and administration.

4.2. Training and performance data

Fitness goals, workout routine, experience level, exercise frequency, activity history, progress, reported injuries, declared limitations, interaction with programs, and metrics associated with physical development.

4.3. Nutritional data

Logged meals, calories, macronutrients, intake goals, body measurements, food history, food scanning, nutritional goals, and dietary preferences.

4.4. Mental health and emotional wellness data

Voluntary mood records, concerns, perceived stress, everyday difficulties, personal notes, interactions with emotional support tools, and conversations contextualized with NeuralFit when used for mental wellness.

4.5. AI and personalization data

Submitted prompts, generated results, relevance ratings, operational context, interaction history, personalization parameters, and metadata essential for the secure functioning of NeuralFit.

4.6. Technical and security data

IP address, device identifiers, authentication logs, security events, app version, operating system, failures, strictly necessary telemetry, as well as audit data essential to fraud prevention and platform protection.

4.7. Location data

Only when expressly enabled by the user and strictly necessary for the chosen functionality, in compliance with the principle of data minimization.

5. Processing Principles

Fitsse undertakes to process the data covered by these Terms according to the following principles:

I. specific, legitimate, informed purpose compatible with the user experience;
II. necessity/minimization, limiting collection, use, access, and retention to the minimum necessary for the declared purpose;
III. enhanced confidentiality, especially for Mental Health data;
IV. integrity, to prevent improper alteration, corruption, or unauthorized manipulation;
V. controlled availability, ensuring authorized access and operational continuity consistent with the risk involved;
VI. sensitivity-based segregation, with stricter controls for mental health entries, inferential data, and detailed histories;
VII. transparency, with clear information about uses, sharing, and user rights;
VIII. accountability, with demonstrable responsibility, auditability, and periodic review;
IX. privacy by design and by default, embedding privacy and security from the conception of the features;
X. human oversight, in situations where automated decisions or AI-driven recommendations may significantly affect the user.

6. Specific Rules by Feature

6.1. Mental Health Feature

Fitsse’s Mental Health feature is intended to provide general support for emotional wellness and help organize personal reflections, and does not constitute a medical, psychological, psychiatric, therapeutic emergency, or licensed professional care service.

Fitsse undertakes to:

a) treat all content entered into this feature as highly sensitive and confidential data;
b) restrict internal access to such data to professionals, collaborators, and systems with a demonstrated operational need;
c) prohibit the use of mental health entries for behavioral advertising, commercial profile enrichment, sale of data, transfer to data brokers, or commercial outreach based on emotional vulnerability;
d) prevent, except with the user’s specific and prominent authorization or under a strict legal basis, free-text entries and emotional reports from being used for broad, unrestricted, or generic AI model training;
e) adopt reinforced logical protection layers, including encryption, segregation, masking, audit trails, and privilege review;
f) maintain more restrictive retention policies, whenever technically feasible, for free-form emotional reports and subjective support data.

Fitsse states that the Mental Health feature:

I. does not provide clinical diagnosis;
II. does not promise prevention, detection, or treatment of mental disorders;
III. does not replace urgent or emergency care;
IV. should not be used as the sole support mechanism in situations involving crisis, suicidal ideation, self-harm, imminent risk, or psychiatric emergency.

In the event of indications of serious and imminent risk to life, physical integrity, or the safety of the user or third parties, Fitsse may take reasonable and proportionate protective measures, including interruption of the automated flow, display of emergency guidance, internal security escalation, and minimum necessary disclosure where required by law or indispensable to prevent serious harm.

6.2. Calorie Counter Feature

The Calorie Counter may process data such as age, weight, height, optional measurements, calorie goals, food history, progress, and information that allows the generation of general nutritional recommendations, progress tracking, and personalization of the user experience.

With respect to this feature, Fitsse undertakes to:

a) collect only the nutritional and anthropometric data necessary for calculation, monitoring, and personalization;
b) clearly inform which fields are mandatory and which are optional;
c) not use nutritional data for purposes incompatible with health, wellness, and the personalization requested by the user;
d) avoid excessive, discriminatory, or commercially abusive inferences based on weight goals, eating habits, declared compulsive eating behaviors, or other signs of vulnerability;
e) allow the user to review, correct, and delete nutritional records, whenever technically possible and subject to legal retention obligations;
f) protect dietary data, goals, and body measurements with the same level of confidentiality applicable to other health data.

Fitsse clarifies that the Calorie Counter does not replace individualized medical or nutritional assessment, and that its recommendations are informational and intended to support self-care, unless expressly linked to a licensed and identified professional service.

6.3. NeuralFit Feature

NeuralFit is an artificial intelligence functionality integrated into Fitsse’s features to provide informational support, contextualization, recommendations, summaries, explanations, and personalized suggestions.

Fitsse undertakes, with respect to NeuralFit, to:

a) inform users that AI-generated responses may contain limitations, inaccuracies, or contextual inadequacies;
b) maintain reasonable mechanisms for verification, monitoring, human review, and risk mitigation;
c) limit NeuralFit’s processing of data to the minimum necessary to fulfill the user’s request and authorized personalization;
d) implement technical and contractual barriers to prevent improper use of prompts and responses by AI providers, including for unauthorized general training, commercial profiling, or indirect resale of data;
e) allow users, where technically available, to control or disable AI recommendations;
f) apply enhanced protection to prompts and conversations involving mental health, dietary habits, physical limitations, and any data that may reveal a health condition.

Fitsse acknowledges that:

I. NeuralFit is not a healthcare professional;
II. NeuralFit does not replace a physician, nutritionist, psychologist, psychiatrist, or other licensed specialist;
III. NeuralFit must not issue promises of cure, definitive diagnosis, or clinical conduct without professional supervision;
IV. any integration of NeuralFit with sensitive health data must comply with documented governance, risk assessment, environment segregation, and periodic security validation.

7. Permitted Purposes for Data Use

Fitsse may use the data covered by these Terms, strictly to the extent necessary, to:

a) create, maintain, authenticate, and manage the user’s account;
b) provide programs, routines, guidance, records, and platform features;
c) personalize workouts, nutritional suggestions, progress tracking, and associated experiences;
d) operate the Mental Health feature with a focus on general wellness support;
e) operate the Calorie Counter and other nutritional features;
f) operate NeuralFit, including to respond to requests, generate general guidance, and improve the contextual usefulness of the service, provided that the restrictions of these Terms are respected;
g) detect, prevent, and investigate fraud, abuse, unauthorized access, and security incidents;
h) comply with legal, regulatory, contractual, and audit obligations;
i) generate aggregated metrics, de-identified statistics, and internal product improvement reports, provided that they do not identify the user.

No use of health data shall exceed the user’s reasonable expectations without an adequate legal basis, effective transparency, and, where necessary, specific authorization.

8. Prohibited Uses or Uses Subject to Express Authorization

Fitsse shall not use health data, mental health data, nutrition data, NeuralFit prompts, or related inferences for:

I. sale of information;
II. advertising based on health condition or emotional distress;
III. commercial segmentation based on psychological, bodily, or dietary vulnerability;
IV. sharing with advertisers, ad networks, data brokers, or tracking platforms for behavioral marketing purposes;
V. unrestricted training of general-purpose AI models using identified user data;
VI. materially harmful automated decisions without appropriate transparency, review, and legal basis;
VII. evaluation for employment, insurance, credit, or discriminatory purposes, except where expressly authorized by law.

If Fitsse intends to use data for extraordinary, materially new, or sensitive purposes beyond those described herein, it shall obtain specific, prominent, and recordable consent/authorization, where required.

9. Minimum Necessary and Access Control

Fitsse shall adopt a minimum necessary access policy, according to which any employee, service provider, system, API, AI module, or subprocesser may access only the smallest amount of information necessary to perform its legitimate function.

For internal governance purposes:

a) access shall be granted based on role, operational need, and formal approval;
b) privileges shall be reviewed periodically and revoked without delay when no longer necessary;
c) logs of access, alteration, export, viewing, and sharing shall be maintained in auditable trails;
d) production, testing, analytics, and training environments shall be segregated;
e) Mental Health data shall have a higher confidentiality classification and even more restricted access.

10. Confidentiality

All data covered by these Terms shall be treated as confidential.

Fitsse undertakes to:

I. require formal confidentiality commitments from employees, service providers, consultants, auditors, vendors, and subprocessors with access to protected data;
II. limit the viewing of free-text entries, sensitive prompts, and detailed histories to what is strictly necessary;
III. prohibit local copying, informal export, use in personal channels, improper printing, or sharing through unauthorized means;
IV. adopt disciplinary, contractual, and technical measures in the event of breach of confidentiality;
V. record and audit access to sensitive data.

The obligation of confidentiality shall survive the termination of the relationship between the user and Fitsse, as well as the termination of contracts with employees and third parties.

11. Data Sharing and Disclosure

Fitsse shall share protected data only:

a) with essential providers of hosting, security, monitoring, authentication, communication, support, strictly permitted analytics, and technological infrastructure;
b) with AI subprocessors, provided they are contractually bound to equivalent obligations of confidentiality, security, purpose limitation, prohibition of improper secondary use, and incident notification;
c) with healthcare partners or covered entities, when such sharing is part of the service contracted by the user or the applicable regulated operation;
d) when required by law, court order, competent authority, or regulatory obligation;
e) to prevent a serious and imminent threat to health or safety, to the extent strictly necessary and legally permitted;
f) in corporate transactions, subject to legitimate need, continuity of protection, and duty of confidentiality.

Whenever possible and legally appropriate, Fitsse shall prefer:

I. de-identified data;
II. partial sharing;
III. pseudonymization;
IV. temporary and monitored access;
V. contracts containing robust security and confidentiality clauses.

12. Tracking Technologies, Cookies, and Advertising

In areas of the platform that process health data, emotional data, nutritional data, authenticated user interactions, or data that may reasonably be associated with the user’s health condition, Fitsse undertakes to:

a) periodically review third-party scripts, SDKs, pixels, cookies, APIs, and libraries;
b) prevent the improper transmission of protected data to advertising tools, remarketing tools, or non-essential tracking technologies;
c) block or reconfigure technologies capable of capturing typed content, sensitive URLs, persistent identifiers, or events associated with the use of Mental Health, Calorie Counter, and NeuralFit;
d) ensure that any analytics in sensitive areas are strictly necessary, contractually controlled, and technically configured to minimize identification risk;
e) provide clear consent controls where required.

Fitsse shall not use the content of NeuralFit conversations or the Mental Health feature for behavioral advertising.

13. Administrative, Technical, and Physical Security

Fitsse shall adopt administrative, technical, and physical safeguards appropriate to the risk, including at a minimum:

13.1. Administrative safeguards

I. formal information security policy;
II. periodic risk assessment;
III. asset and data flow inventory;
IV. mandatory and recurring staff training;
V. incident management;
VI. vendor due diligence process;
VII. periodic review of access and permissions;
VIII. secure retention and disposal policy;
IX. specific governance for AI and sensitive data.

13.2. Technical safeguards

I. encryption of data in transit and at rest, where appropriate and feasible;
II. strong authentication and, where applicable, multifactor authentication;
III. secure management of keys and secrets;
IV. network segmentation and environment segregation;
V. audit logs and monitoring of critical events;
VI. protection against malware, exfiltration, and intrusion;
VII. protected backups and restoration testing;
VIII. system hardening and vulnerability management;
IX. masking, tokenization, or pseudonymization where appropriate;
X. filters and specific controls for AI inputs and mental health data.

13.3. Physical safeguards

I. access controls for facilities and equipment;
II. clean desk policy and secure disposal;
III. protection of servers and critical workstations;
IV. restrictions on the use of removable media and unauthorized printing.

14. AI and NeuralFit Governance

In the processing of data by NeuralFit, Fitsse shall observe, in addition to the other provisions of these Terms, the following commitments:

a) document the purposes of AI use;
b) classify risks by use case;
c) separate production and development flows;
d) avoid sending identifiable data when anonymized or reduced context is sufficient;
e) apply filters for removal or reduction of identifiers before sending data to subprocessors, whenever technically possible;
f) maintain contracts prohibiting the use of user data for purposes incompatible with the provision of the service;
g) provide for human review in more sensitive cases;
h) disclose system limitations;
i) allow contesting or review of relevant effects arising from automated recommendations, where applicable.

Fitsse shall not use Mental Health reports entered by the user to train, adjust, or enrich general market models without express, prominent, and specific authorization.

15. Retention, Archiving, De-identification, and Disposal

Fitsse shall retain protected data only for the period:

I. necessary for the provision of the service;
II. compatible with the declared legitimate purposes;
III. required by law, contract, audit, fraud prevention, or defense of rights;
IV. technically justifiable for security, continuity, and traceability.

Subject to the foregoing:

a) Mental Health reports shall be subject to enhanced necessity and retention criteria;
b) NeuralFit prompts and responses containing sensitive data shall be periodically reviewed for deletion, reduction, anonymization, or secure archiving;
c) nutritional records and Calorie Counter history may be exported or deleted by the user in the manner made available by the platform, subject to legal retention requirements;
d) at the end of the applicable period, the data shall be deleted, anonymized, or stored in a blocked and strictly restricted manner, as required by any remaining legitimate need.

Disposal shall follow a secure, auditable, and risk-proportionate method.

16. User Rights

Without prejudice to other applicable rights, the user may, within the relevant legal and technical limits:

I. request access to their data;
II. obtain an electronic copy or, where applicable, a copy in a reasonable and usable format;
III. request correction, updating, or completion of inaccurate or incomplete data;
IV. request restriction of certain uses or disclosures, where legally and operationally feasible;
V. request confidential communications through a reasonable specific channel;
VI. request information about certain disclosures made;
VII. revoke previously granted consent/specific authorization, where processing depends on it;
VIII. request deletion, anonymization, or blocking, where applicable;
IX. disable personalization or AI features, where made available by Fitsse;
X. submit a complaint to Fitsse’s privacy channel and, where applicable, to the competent authority.

Fitsse may require identity verification before responding to requests relating to protected data.

17. Amendments, Corrections, and Objections

If the user identifies that their information is incorrect, outdated, incomplete, or improperly associated with their profile, they may request correction.

Fitsse shall:

a) review the request within a reasonable period;
b) request documentation or additional information where necessary;
c) record the action taken;
d) where it cannot fully comply with the request, provide a written justification within the limits of applicable law.

18. Incident and Breach Notification

In the event of a security incident involving protected data, Fitsse shall adopt, without unreasonable delay:

I. technical containment of the incident;
II. internal investigation;
III. assessment of the scope, nature, and criticality of the affected data;
IV. mitigation of damages;
V. preservation of evidence;
VI. corrective review of controls.

Where the incident involves data not protected by encryption or another suitable methodology that renders it unusable to unauthorized third parties, and there is a relevant risk to the user’s privacy or security, Fitsse shall provide notification in accordance with applicable law and contracts.

If the operation is subject to HIPAA, Fitsse shall observe the applicable notification requirements, including with respect to deadlines, minimum content, communication to the covered entity, the user, and competent authorities, as applicable.

Where required, the notification shall include, whenever possible:

a) a general description of the incident;
b) the categories of affected data;
c) the likely period of the incident;
d) the measures already adopted;
e) the measures recommended to the user;
f) a direct channel for clarification.

19. Third Parties, Subprocessors, and Business Associate Agreements

Any third party company that creates, receives, maintains, transmits, hosts, processes, analyzes, or otherwise accesses data covered by these Terms shall be bound, through a written instrument, to obligations compatible with the level of protection established herein.

Where applicable under HIPAA, Fitsse undertakes to:

I. enter into a Business Associate Agreement with covered entities or partners as required by law;
II. require equivalent obligations from its subcontractors;
III. prohibit unauthorized secondary use of PHI/ePHI;
IV. establish incident notification, cooperation, and deletion/return obligations upon termination of the relationship.

20. Minors

The use of features involving health data by minors shall comply with applicable legal requirements and, where necessary, require consent and supervision from a legal guardian.

Fitsse may:

a) require age confirmation;
b) request guardian validation;
c) restrict certain features;
d) adopt additional safeguards for minors’ data.

Mental health data relating to minors shall require a reinforced standard of protection, strictly limited access, and specific risk review.

21. International Transfers

Given the digital nature of the platform, data may be stored or processed in jurisdictions other than that of the user’s residence, provided that Fitsse ensures contractual, organizational, and technical safeguards appropriate to the sensitivity level of the transferred data.

Whenever there is an international transfer of protected data, Fitsse shall seek to ensure:

I. legitimate purpose and operational necessity;
II. limited access;
III. contracts imposing confidentiality and security obligations;
IV. protection equivalent to that provided in these Terms;
V. appropriate governance and traceability mechanisms.

22. Clinical Limitation and Emergency Notice

The Mental Health, Calorie Counter, and NeuralFit features do not replace individualized medical, nutritional, psychological, or psychiatric consultation, unless Fitsse expressly, clearly, and formally identifies the service as linked to a licensed professional and a specific regulatory framework.

If the user is experiencing a crisis, emergency, risk of self-harm, suicidal ideation, a psychotic episode, imminent danger, or any urgent medical or psychological condition, they should immediately seek local emergency services, a licensed professional, or the competent authority.

Fitsse may display safety messages, interrupt automated flows, and direct the user to emergency care when detecting a high-risk context.

23. Changes to these Terms

Fitsse may update these Terms to reflect:

a) regulatory changes;
b) the evolution of platform features;
c) changes in integrations, subprocessors, or security controls;
d) improvements in AI governance and privacy practices.

Such changes shall become effective on the date indicated in the updated version, and Fitsse shall adopt reasonable means to provide notice of material changes. Where required by law or where there is a material change in sensitive processing purposes, Fitsse shall request new manifestation from the user.

24. Privacy and Contact Channel

Requests related to these Terms, including access, correction, restriction, deletion, revocation of consent, security incidents, and questions regarding the use of health data, shall be directed to us via the link – Get In Touch

Where applicable under HIPAA, Fitsse shall also maintain an information security officer and internal procedures compatible with the protection of ePHI.

25. Final Statement of Commitment

Fitsse declares that the protection of user data, especially data related to the Mental Health, Calorie Counter, and NeuralFit features, is an essential obligation of its operation.

Under these Terms, Fitsse undertakes to:

I. protect the privacy and security of the user’s health and wellness data;
II. treat emotional entries and Mental Health reports with an enhanced level of confidentiality;
III. use nutritional and body-related data only for purposes compatible with personalization, support, and user progress;
IV. govern NeuralFit with technical, contractual, and ethical controls appropriate to the risk;
V. restrict sharing to the minimum necessary;
VI. maintain incident response, audit, and continuous review procedures;
VII. respect the user’s rights to access, correct, restrict, and question the use of their information;
VIII. not commercialize health data or allow its abusive exploitation for behavioral advertising.