Terms of Service
1. Agreement to terms
These Terms of Service (“Terms”) form a legally binding agreement between you and the operator of FitApp (the “App”) concerning your access to and use of the App and related online services (collectively, the “Services”).
By downloading, installing, accessing, or using the Services, you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, in which case “you” includes the organization.
If you do not agree, do not use the Services. Your relationship with third-party app stores (Apple App Store, Google Play) is also governed by their applicable terms and policies, which may include additional payment, refund, and dispute rules.
If you install FitApp from the Apple App Store, your use of the App is also subject to Apple’s Licensed Application End User License Agreement (the “Standard EULA”), together with the App Store’s applicable terms. Those agreements apply in addition to these Terms and address matters such as your license to use the App and Apple’s role as the distribution platform.
2. Eligibility
You must be old enough to form a binding contract in your jurisdiction to use the Services. The App is not intended for children under 13. If you are between 13 and the age of majority where you live, you may use the Services only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf.
3. Accounts and security
3.1 Registration
You may need to create an account with accurate, current information. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly at support@aitomationops.com if you suspect unauthorized access.
3.2 Account restrictions
We may refuse registration, suspend, or terminate accounts that violate these Terms, pose security risks, or abuse the Services or other users.
4. License to use the App
Subject to these Terms and your compliance with applicable app store rules, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the object code of the App on devices you own or control, solely to access the Services for your personal, non-commercial use unless we expressly agree otherwise in writing.
You may not:
- Copy, modify, adapt, translate, or create derivative works of the App except as allowed by applicable law;
- Reverse engineer, decompile, or disassemble the App except where mandatory law permits;
- Remove, obscure, or alter proprietary notices;
- Rent, lease, lend, sell, redistribute, or sublicense the App;
- Use the App to build a competing product or to benchmark or scrape our systems in a manner that violates our technical policies or applicable law;
- Circumvent technical limitations, rate limits, or security controls.
5. User content and workout data
5.1 Your content
You retain ownership of information, text, data, and other materials you submit to the Services (“User Content”), including workout plans, logs, and related entries. To operate the Services, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, and distribute User Content solely as needed to provide, secure, improve, and backup the Services and as described in our Privacy Policy.
5.2 Responsibility for User Content
You represent that you have all rights necessary to submit User Content and that it does not violate law or third-party rights. You are solely responsible for the accuracy and suitability of fitness-related information you log. The Services are tools for organizing training; they are not a substitute for professional medical advice.
5.3 Suggestions and feedback
If you send us ideas or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation, except where prohibited by law.
6. Acceptable use
You agree not to:
- Use the Services in violation of law or regulation;
- Harass, threaten, defraud, or harm others;
- Upload malware, exploit vulnerabilities, or probe our systems without authorization;
- Attempt to access another user’s data without permission;
- Use automated means to access the Services in a way that imposes unreasonable load or bypasses intended interfaces;
- Misrepresent your identity or affiliation;
- Use the Services to distribute spam or unsolicited commercial messages.
We may investigate violations and cooperate with law enforcement. We may remove content or suspend access where we reasonably believe a violation has occurred.
7. Subscriptions, in-app purchases, and billing
7.1 Third-party payment processors
Paid features or subscriptions are offered via in-app purchases processed by Apple and/or Google. Payment, renewal, cancellation, and certain refund rights may be governed exclusively by the applicable app store’s terms and policies. We do not process your full payment card details.
7.2 Auto-renewal
Subscriptions renew automatically for successive periods until you cancel through the App Store or Google Play account settings. Renewal charges occur at the then-current price unless cancelled before the renewal date.
7.3 Price changes and taxes
We may change subscription prices where permitted by app store rules, with any required notice. Taxes may be added as determined by the payment platform or applicable law.
7.4 Free tiers and trials
We may offer free usage limits or promotional access. Features and limits may change over time. If a paid subscription is required for certain features, that requirement will be communicated within the App or store listing as applicable.
7.5 Refunds
Our refund practices are described in the Refund Policy. In general, we do not issue refunds directly; any refund eligibility may be determined by Apple, Google, or mandatory law.
8. Availability and changes to the Services
We strive to keep the Services reliable but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue features or the Services (in whole or in part) with or without notice, subject to applicable law and app store requirements. We are not liable for any modification, suspension, or discontinuation except as required by law.
9. Intellectual property
The App, branding, logos, software, documentation, and related materials are owned by us or our licensors and are protected by intellectual property laws. Except for the limited license in Section 4, no rights are granted to you.
10. Third-party services
The Services may rely on or link to third-party services (including cloud infrastructure and app stores). Your use of those services is subject to their terms. We are not responsible for third-party services except as required by law.
11. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT DATA WILL BE ERROR-FREE OR LOSS-FREE, OR THAT DEFECTS WILL BE CORRECTED.
FITNESS AND HEALTH ACTIVITIES CARRY INHERENT RISKS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY EXERCISE OR PROGRAM IS APPROPRIATE FOR YOU. CONSULT A QUALIFIED PROFESSIONAL BEFORE BEGINNING ANY NEW EXERCISE PROGRAM.
Some jurisdictions do not allow certain disclaimers; in those jurisdictions, disclaimers apply to the fullest extent permitted.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US DIRECTLY FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (EXCLUDING AMOUNTS PAID TO APP STORES), OR (B) FIFTY U.S. DOLLARS (USD $50), IF YOU HAVE NOT PAID US DIRECTLY.
Because some jurisdictions do not allow certain limitations, portions of this section may not apply to you. Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law (including liability for gross negligence, fraud, or death or personal injury caused by negligence, where applicable).
13. Indemnity
You will defend, indemnify, and hold harmless the operator of FitApp and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your User Content, your use of the Services, your violation of these Terms, or your violation of law or third-party rights.
14. Termination
You may stop using the Services at any time and may delete your account where the App provides that option. We may suspend or terminate your access if you materially breach these Terms, create risk or legal exposure, or for other operational reasons where permitted by law. Provisions that by their nature should survive (including licenses to the extent exercised, disclaimers, limitations, indemnity, and dispute terms) will survive termination.
15. Governing law and disputes
[Insert governing law, jurisdiction, and venue—for example, the country or U.S. state whose laws will apply, and which courts or arbitration rules will apply to disputes. Consult qualified legal counsel; choice-of-law and dispute resolution clauses are highly jurisdiction-specific.]
Until you replace the placeholder above with advice from counsel appropriate to your business, you should treat this section as incomplete. Some consumer protection laws may give you mandatory rights that cannot be waived by contract.
16. Export and sanctions
You may not use or export the Services except as authorized by law. You represent that you are not located in a country subject to comprehensive embargoes or designated as a prohibited party under applicable sanctions lists.
17. Changes to these Terms
We may update these Terms from time to time. We will post the revised Terms at this URL and update the “Last updated” date. Where required by law or app store policy, we will provide additional notice. Continued use after the effective date may constitute acceptance; if you do not agree, stop using the Services and cancel any subscription through your app store account.
18. Miscellaneous
- Entire agreement — These Terms, together with the Privacy Policy and Refund Policy linked below, constitute the entire agreement regarding the subject matter.
- Severability — If any provision is unenforceable, the remaining provisions remain in effect.
- No waiver — Failure to enforce a provision is not a waiver.
- Assignment — You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Independent contractors — Nothing creates a partnership or agency relationship.
19. Contact
Email: support@aitomationops.com
Policies: https://fitappweb.com/